S.N. Sahay, J. - (1.) THIS is a writ petition for directing the respondents to make payment of salary to the petitioners regularly along with arrears w.e.f. 2.8.88. The petitioners were appointed as teachers in C.T. Grade in Town Inter. College Mohammadabad Gohna, District Mau on 2.8.88. Since then no salary has been paid to them. Interin mandamus was issued to the respondents on 3.9.90 to make the payment or the salary to the petitioners regularly alongwith arrears w.e.f. 2.8.88 or show cause within four weeks. Counter -affidavit has been filed on behalf of District Inspector of schools respondent No. 1. Learned counsel for the petitioner has stated that no relief is claimed against Committee of Management respondents No. 2 which is supporting the case of the petitioners. Rejoinder affidavit has been filed by the petitioners in this behalf.
(2.) THE only ground which has been taken in the counter affidavit is that the Committee of Management has no power to make any appointment in C.T. Grade. In support of this contention reference has been made to a G.O. dated 11.8.89 Annexure 1 to the counter -affidavit. By means of this G.O. a direction was issued by the State Government that no post should be created in the C.T. grade in any recognised Higher Secondary School nor any appointment should be made. The direction are prospective in nature and the appointment made prior to issue of the G.O. remains unaffected. Since the case of the petitioners that they were appointed in 1988 has not been controverted, the above -mentioned G.O. has no application. In view of the aforesaid circumstances, it is held that since the petitioners are working since 2.8.88 they are entitled to salary and allowances admissible under the rules.
(3.) THE writ petition is accordingly allowed and mandamus is issued directing the respondent to pay salary to the petitioners w.e.f. 2.8.88 regularly. The arrears of salary may be paid within three months, from the date when the certified copy of this order is produced by the petitioner before respondent No. 1 and salary may be regularly paid as and when due after the date of judgment.;