9911796707
TMI Blog2023 (2) TMI 1395X X X X Extracts X X X X X X X X Extracts X X X X ..... ents and perused the pleadings exchanged between the parties. 2. Leave granted. 3. Tripathi Ramroop Sanskrit Vidyalaya, Jogapur, Kaushambi in the State of Uttar Pradesh is a recognised institution imparting Sanskrit Education upto Uttar Madhyama, i.e., Class I to XII. It was granted permanent recognition on 22.02.1999. The Government of Uttar Pradesh decided to take Sanskrit Vidyalaya and Mahavidyalaya on GrantinAid List. The criteria for taking institutions under the GrantinAid List was laid down in G.O. dated 07.02.2014. The State Government vide its order dated 11.08.2015 notified the list of institutions which were taken in the GrantinAid list of the Government, which included the above institution at Serial N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28.03.2017 passed by the Director Secondary Education. The aforesaid writ petition upon hearing the parties was allowed vide judgment and order dated 15.04.2019 quashing the order dated 28.03.2017 with directions to the authorities to declare Pancham Lal Pandey entitled to payment of salary from the State Exchequer. 6. The aforesaid judgment and order of the High Court dated 15.04.2019 was assailed by Neeraj Kumar Mishra as well as State Government by separate Special Appeal Nos. 578 of 2019 and 767 of 2019. The Special Appeal No. 578 of 2019 of Neeraj Kumar Mishra was dismissed on 14.05.2019 and that filed by the State Government, i.e., Special Appeal No. 767 of 2019 was dismissed on 22.08.2019. 7. The aforesaid Neeraj Kum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand, it will perpetuate illegality which is not permissible in law. The review petition was rightly allowed as there was an error apparent in the order of the Division Bench dismissing the Special Appeal inasmuch as in the light of Section 9 read with Section 10 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, the institution is not entitled to create any new post of a teacher or any employee without the previous approval of the Director and that the State Government is liable for payment of salary of teachers and employees only in respect of those, who have been validly appointed with the approval of the Director. 12. In the review petition the order of the Div ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Defective No. 673 of 2014 decided on 12.5.2015 holding that in the absence of sanctioned post, a direction for payment of salary cannot be given is not helpful. 15. The provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed. 16. The Division Bench in allowing the review petition has dealt with the matter as it is seized of the special appeal itself and has virtually reversed the decision by taking a completely new stand for the payment of salary to teachers' subjectwise. It amounts to rehearing and rewriting the j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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