Jagdish Chandra Gupta, J. - (1.) HEARD petitioners' counsel and the learned Standing counsel. By means of this writ petition, the petitioners have prayed for a writ of certiorari for quashing the impugned orders dated 13.7.92 and 10.9.1992 contained in Annexures 2 and 3 to the writ petition.
(2.) IT is not necessary to narrate the facts in detail and it may be suffice to mention that the petitioners were already working as Teachers in the Institution in question before the said Institution was brought to be governed by the provisions of the Payment of Salaries Act, 1978 and they were getting salaries from the Institution. The Institution in question was brought into grant -in -aid list by the Government Order dated 13.7.1992 with effect from March, 1991. The Director of Education by his order dated 13.7.1992, copy of which has been annexed as Annexure -2 to the writ petition, issued guidelines for fixation of salary. It was indicated therein that the pay of the Teachers after the date of recognition of the Institution be fixed at the minimum in the new pay scale provided in the grant -in -aid list. It was further provided that the salary paid in excess of the same shall be adjusted in future by deduction. The District Inspector of Schools, Deoria on the basis of the said order of the Director of Education passed the impugned order dated 10.9.1992 directing that the petitioners shall be paid salary at the minimum of the new pay scale provided in the grant -in -aid list. Deduction of excess salary has also been ordered. Learned counsel for the petitioners contended before the court that the petitioners were getting more salary than the minimum of the new pay scale provided in the grant -in -aid list and the authorities had no power to reduce the existing pay of the petitioner. The same matter came up for consideration before Hon'ble M. Katju, J. and the Hon'ble Judge was pleased to quash both the orders i.e. of the Director of Education dated 13.7.1992 and Basic Shiksha Adhikari dated 10.9.1992, holding that the said orders were arbitrary and violative of Article 14 of the Constitution as discrimination has been done by treating unequals equally in as much as senior teachers are being treated at par with junior teachers with regard to payment of salary. This court finds no sufficient ground to take a view different from the one already taken by Brother Hon'ble M. Katju, J. in the case of Shankar Dayal Singh and others v. Director of Education (Basic) Allahabad and others : 1997 (29) ALR 686. In view of the aforesaid decision and having regard to the circumstances of the case, this writ petition must succeed. Writ petition is allowed. The impugned orders dated 13.7.1992 of the Director of Education contained in Annexure -2 and the order dated 10.9.1992 of the Basic Shiksha Adhikari contained in Annexure -3 to the writ petition are set aside and it is directed that the pay of the petitioners shall be refixed in the new pay scale keeping in mind their existing pay which they were getting soon before the Institution was brought in the grant -in -aid list under the provisions of Payment of Salaries Act, 1978. No order as to costs is made.;