- (1.) Special leave is granted.
(2.) This appeal is directed against the judgment and order of the High court dated 7/10/1996 in a writ petition, wherein direction was issued to the respondents to pay the salary of the appellants under the Payment of Salary Act from 29/8/1991. The grievance is, the impugned order has shortened the relief from what was envisaged under the judgment and order dated 29/8/19911. The claim is they should be paid the arrears of their salary not from 29/8/1991 but from 1/7/1975.
(3.) It is necessary to refer to certain essential facts to appreciate the controversy in this case. The 58 Gorkha Training Centre, Junior Highschool, Dehradun Cantt. was established in the year 1952 for providing education to the children of ex-servicemen, serving military personnel and officers as well as civilians and the Education Department. The U. P. government gave recognition to the said institution with effect from 9/4/19599. The case is that they were appointed as Assistant Teachers being duly qualified. On 9/4/1970, the District Inspector of Schools, Dehradun, gave permission to the management to run the classes from Classes I to VIII. The respondents concerned did not bring the appellants under the Payment of Salary Act though they are entitled since the year 1975. Reliance is placed under Rule 10 of the U. P. Recognised Basic Schools, Recruitment and Conditions of Service of Teachers and Other Employees Rules, 1975 (hereinafter referred to as "1975 Rules") , which is quoted hereunder: "10.Salary of teachers.-A recognised school shall undertake to pay, with effect from 1/7/1975, to every teacher and employee the same scale of pay, dearness allowance and additional dearness allowance as are paid to the teachers and employees of the Board possessing similar qualifications. Pay will be disbursed through cheque. ";