S.C. Verma, J. - (1.) The petitioners who were initially employees of Junior High Schools and were also being paid salary under the provisions of U. P, Act No. 6 of 1979, have been denied salary on the ground that although the institution has been raised to the level of High School but as it is not covered under the provisions of U.P Act No. 24 of 1971 they would not be entitled for salary under the provisions of the aforesaid Act. It is not disputed that the institution, prior to its being raised to the High School level, was covered under U. P Act No. 6 of 1979 and the petitioners were recognised teachers and employees of the institution, who were being paid salary under U. P. Act No. 6 of 1979 In accordance with the Government order dated 7-11-1988, filed as Annexure-4 to the writ petition, it is clear that till such time institution is not covered under the provisions of U. P. Act No. 24 of 1971,, the teachers and employees of the institution, who were being paid earlier under the provisions of U. P. Act No. 6 of 1979 would be entitled to be paid in accordance with the provisions of U, P. Act No. 6 of 1979.
(2.) I have heard Sri I.N. Singh, learned counsel appearing on behalf of the petitioner and the learned Standing Counsel on behalf of the respondents. The present petition can be disposed of without inviting counter affidavit on behalf of the respondents in view of the Government Order dated 7-11-1988
(3.) I accordingly direct the respondents to release the arrears of salary of the petitioners as also their future salary in accordance with the provisions of U. P. Act No 6 of 1979 till such time the institution is not covered by the provisions of U. P. Act No. 24 of 1.971. However, this would not entitle the petitioners for (heir claim of salary in case they are not liable to be paid for any other reasons.;