United Teachers Association,U. P. Pratapgarh Thru. M. K. Dubey v. State of U. P. Thru. Secy. Basic Education,Govt. of Up
2016-04-18
D.Y.CHANDRACHUD, RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT This writ petition has been instituted by a body called the United Teachers' Association which is a registered body. The petitioners seek a mandamus to the authorities of the education department including the District Basic Education Officer and the Block Education Officer in respect of Block Mangraura of District Pratapgarh to the effect that the salaries of teachers of basic schools be disbursed from accounts maintained in nationalized banks and it should be ensured that salaries are credited through the modality of e-payment. 2. The relevant circular of the Director of Education (Basic) dated 14 February 2013 has been issued in pursuance of a Government Order dated 7 February 2013. The circular specifies that with effect from April 2013, the salaries payable to the employees of aided governmental junior high schools and to teachers be credited through accounts maintained by the employees in their banks and through the modality of e-payment. Both the Government Order and the circular made it clear that the duty of the State is to credit the salary into account maintained by the employee concerned in a bank of his or her choice and credit has to be made by the electronic mode. The apprehension of the petitioners is that the District Level Basic Education Officer had some sort of an understanding with the National Urban Cooperative Bank, as a result of which, the salaries are being credited only through an account maintained with the said bank. 3. From the Government Order and the circular which have been annexed to the writ petition, it is clear that there is no such direction by the State Government. On the contrary, the direction by the State Government is intended to facilitate the direct credit of the salary to the account of the employee maintained by his or her bank through electronic mode. It is intended obviously to protect the employees and the teachers against exploitation. We accordingly have clarified the position in terms of the Government Order and the circular referred to above. 4. The petition is accordingly disposed of. There shall be no order as to costs.