The Allahabad High Court’s Lucknow Bench has held that teachers employed in sports colleges managed by the Uttar Pradesh Sports Colleges Society do not qualify as public servants under the Uttar Pradesh Public Services (Tribunals) Act, 1976. The Court clarified that government grant-in-aid to a society does not, by itself, bring its employees within the statutory definition of public servants.
The ruling came in a case concerning a retired Assistant Teacher (Football) of Guru Govind Singh Sports College, Lucknow, whose service-related claim had been entertained by the Uttar Pradesh State Public Services Tribunal. A Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai setting aside the Tribunal’s order and holding that the claim was not maintainable before it.
Background
The dispute arose after Harvir Singh, a retired Assistant Teacher (Football), challenged orders dated September 17, 2024, November 19, 2024 and December 5, 2024, concerning the revision of his salary and recovery of alleged excess payments.
He had approached the Uttar Pradesh State Public Service Tribunal through Claim Petition No. 281 of 2025, seeking relief relating to his pay fixation, grade pay and deductions from his retirement benefits.
The Principal of Guru Govind Singh Sports College challenged the Tribunal's order dated September 4, 2025, which had rejected its preliminary objections and permitted the claim petition to proceed.
The High Court examined the status of the Uttar Pradesh Sports Colleges Society, its management structure, appointment procedures and funding arrangements. It found that the Society was independently registered under the Societies Registration Act, 1860, and managed the sports colleges through its Board of Management.
Although the State Government provided financial assistance, the Society controlled appointments, administration and salary payments.
The Bench observed:
"Thus, from the records made available with the writ petition, the contents of which have not been disputed by learned counsel for respondent No.2, it is apparent that the sports colleges run by the U.P. Sports Colleges Society are controlled and managed by the Society and the sports colleges receives grant-in-aid from the State Government to meet its expenses."
The Court further explained that government officials serving on the Society's Board did not change its independent legal status. It also relied on the Supreme Court's decision in Illachi Devi v. Jain Society, Protection of Orphans India, which clarified that a society registered under the Societies Registration Act is not a body corporate.
Importantly, the Bench distinguished between the nature of the employee's grievance and the Tribunal's jurisdiction.
It held:
"Claims relating to pay fixation, arrears of salary, revision of pay scales, etc., directly relates to the conditions of service and necessarily fall within the term 'service matter'. The issue of wrong pay fixation is a continuing wrong, adversely affecting the employee."
However, the Court clarified that a service-related dispute alone was insufficient to establish the Tribunal's jurisdiction unless the claimant also qualified as a public servant under the Act.
The High Court concluded that teachers employed by the sports colleges managed by the Society were not public servants under Section 2(b) of the 1976 Act. Consequently, their claims could not be entertained by the State Public Service Tribunal.
The Bench set aside the Tribunal's September 4, 2025 order and quashed the pending proceedings in Claim Petition No. 281 of 2025. However, it left Harvir Singh free to pursue his grievance before another appropriate forum, including through a writ petition under Article 226 of the Constitution of India.
The writ petition was accordingly allowed, with no order as to costs.
Case Details
Case Title: Principal Guru Govind Singh Sports College Kursi Road Gudamba Lucknow v. U.P. State Public Service Tribunal Lko. Thru. Registrar and 4 Others
Case Number: Writ-A No. 3923 of 2026
Judges: Justice Alok Mathur and Justice Amitabh Kumar Rai
Decision Date: October 28, 2026
