S. U. KHAN, J. Heard learned Counsel for the parties. 2. According to the petitioner, it is running a Girls Junior High School by the name of Mahila Udyog Laghu Madhyamik Vidyalay, Rudrapur, Deoria and it has got an attached primary school where education from Class 1 to 5 is imparted. Junior High School Section of the school i. e. Class VI to VIII is on grant in aid list and salary to the teachers teaching these classes is paid by the Government under U. P. Payment of Salary Act, 1978. 3. On 30-5-1992 Director of Education (Basic), Lucknow issued a circular to all the District Basic Shiksha Adhikaris mentioning therein that Government was considering to approve the primary schools attached with Junior High Schools prior to 25-3-1975 under U. P. Payment of Salary Act, 1978. Basic Shiksha Adhikaris were directed to send the information about all such primary schools on the printed proformas after inspection of original documents of the schools. In the said letter, it was also mentioned that earlier also similar information had been sought for but complete details had not been supplied. Copy of the said circular has been supplied during arguments. The said circular was followed by another letter dated 9-7-1992 by the Director to Basic Shiksha Adhikari. In pursuance of the said circulars district Basic Shiksha Adhikari, Deoria sent a printed proforma for information to the petitioner through covering letter dated 23-11-1992. 4. The requisite information was supplied by the petitioner which in turn was sent by Assistant Director of Education (Basic), 7th Division Gorakhpur to Director of Education, Allahabad through letter dated 20- 3-1993, copy of which has been annexed as Annexure 9 to the writ petition. As no orders were being passed, hence, petitioner filed a writ petition bearing No. 2854 of 1996 which was disposed of on 31-7- 1996 with the direction to the Director of Education (Basic) to decide the representation within three weeks. Thereafter, contempt petition was also filed. Ultimately through Annexure 11 dated 6-6-1997, Director (Basic) U. P. Lucknow rejected the representation of the petitioner. The said order has been challenged through this writ petition. 5. In the impugned order, the Director has held that primary Section/school was not attached to the Junior High School. Thereafter, contempt petition was also filed. Ultimately through Annexure 11 dated 6-6-1997, Director (Basic) U. P. Lucknow rejected the representation of the petitioner. The said order has been challenged through this writ petition. 5. In the impugned order, the Director has held that primary Section/school was not attached to the Junior High School. Learned Counsel for the petitioner has mainly placed reliance upon an order of District Basic Shiksha Adhikari, Deoria dated 2- 1-1986 granting permanent recognition to the primary school, copy of the said letter is Annexure 4 to the writ petition. It was also filed before the Director of Education. The very first sentence of the said order is that primary school attached with your school is being granted permanent recognition with effect from July 1985. The primary school was granted temporary recognition on yearly basis since before 1975 till 1985 when permanent recognition was granted. The Director in the impugned order held that the order of District Basic Shiksha Adhikari recognising the attachment of the two schools i. e. primary school and Junior High School was wrong. The Director also mentioned that originally both the schools were granted recognition by different authorities as different institutions. It is not clear that on the basis of what documents or material the said observation was made. 6. If both the schools are being run by the same committee of management and in the same premises, it is very strong circumstance for such attachment of schools. In any case, if the Director was of the opinion that the two schools were not attached then he should have given the detailed reasons for the said purpose. Recognition to primary school and Junior High Schools was granted by Basic Shiksha Adhikari. 7. Director also mentioned that some documents were shown by the Manager but the Manager refused to supply photostat copies of the said documents. It is also mentioned in the order that the Manager stated that since 1972-73 till 1985-86 Basic Shiksha Adhikari granted temporary recognition every year treating the primary school attached to the Junior High School and in that regard Manager had also shown the documents. In the face of this much material either the Director should have drawn presumption of attachment or should have given reasons for holding otherwise. 8. In the face of this much material either the Director should have drawn presumption of attachment or should have given reasons for holding otherwise. 8. It appears that on one hand Director was rather annoyed by the fact that contempt had been filed against him by the Manager and on the other hand Manager was also behaving in an objectionable manner. The Manager ought to have supplied the photostat copies of the documents which were asked for by the Director. 9. Accordingly impugned order is set-aside. Manager of Committee of Management of the petitioner is directed to file detailed objection alongwith certified copy of this judgment before the Director of Education (Basic) U. P. Lucknow alongwith legible photostat copies of all those documents on which he wants to place reliance. Apart from it, if the Director asks for some more documents or the copies then the same shall also be supplied. The Director shall decide the matter afresh. It is hoped that this time Director will act impartially. 10. As stated above the facts that same committee of management is running both the schools, both the schools are in the same building, while granting temporary recognition as well as permanent recognition, the authority concerned treated both the schools to be attached and sent the information to the same committee of management which was running both the schools, shall specifically be taken into consideration by the Director. It is also important to note that the permanent recognition order dated 2-1-1986, copy of which is Annexure 4 to the writ petition was sent by the District Basic Shiksha Adhikari, Deoria to the Manager of Mahila Udyog Laghu Madhyamik Vidyalay, Rudrapur, Deoria the Junior High School. It was not addressed to the Manager of primary school. There does not appear to be any reason as to why the information of the recognition was sent to Manager of Committee of Management of Junior High School in case both the schools were not attached. However, Director must take independent decision and no observation made in this judgment shall be treated to be a finding. 11. However, there is one more aspect of the matter which must be taken into consideration by the Director. However, Director must take independent decision and no observation made in this judgment shall be treated to be a finding. 11. However, there is one more aspect of the matter which must be taken into consideration by the Director. Even if the Director holds that the primary school was attached to the Junior High School still it must be decided by the Director as to whether teachers of the primary school are entitled to the payment of salary under Payment of Salary Act, 1978. The Supreme Court in State of U. P. v. Pawan Kumar Dwivedi, 2006 (3) LBESR 743 (SC) : 2006 (7) SCC 745 , has referred the matter to the larger Bench after expressing the opinion that U. P. Payment of Salary Act, 1978 does not include primary sections and/or separate primary schools within its ambit. However, in the said judgment, in para 6, it has been mentioned that in 1973 the Government made a departure and took the decision to pay salary to the teachers of the primary schools attached to Girls institutions and teachers of 30 Primary Girls Schools which were functioning prior to 1973 and were affiliated to Higher Secondary Schools were brought under the Act of 1978. If the Director comes to the conclusion that both the schools i. e. primary school or Junior High School are attached then teachers teaching the students of primary school should be paid salary under U. P. Payment of Salary Act 1978 only if in pursuance of its circulars dated 30-5-1992 and 9- 7-1992, teachers of other such primary schools which are attached to Junior High Schools have been brought under U. P. Payment of Salary Act, 1978. 12. As the matter is quite old, hence, Director is expected to decide it within four months from the date on which representation in pursuance of this judgment is filed before him. 13. Writ petition is accordingly disposed of and impugned order is set-aside. Petition disposed of. .