Ashwani Kumar Mishra, J. - (1.) Petitioners in this writ petition includes the association of teachers employed in Ryan International School as well as the teachers of the institution itself. A prayer is made in this petition to command the respondent no.3 institution to implement 6th Pay Commission report submitted in respect of Government employees, in its entirety, and to release the amount of arrears, which has not been paid to them so far from January, 2006 to September, 2009. It is the case of petitioners that the respondent no.3 institution has already implemented the recommendation of 6th Pay Commission report, and therefore the teachers are being paid salary as per it. Submission is that while doing so, the institution has not released arrears from January, 2006 to September, 2009. Petitioners, therefore, submit that a writ of mandamus be issued to respondent no.3 institution to release the arrears alongwith interest.
(2.) Respondent no.3 institution is admittedly a minority institution which is affiliated to Central Board of Secondary Education (CBSE). At the outset, an objection is taken to the maintainability of writ petition against respondent no.3 institution by Sri J. Nagar, learned Senior Counsel assisted by Sri Pratik J. Nagar, Advocate, appearing for the institution concerned.
(3.) In reply, reliance is placed by Sri Amit Negi upon a Full Bench judgment of this Court in Roychan Abraham Vs. State of U.P. and others,2019 3 ADJ 391 , wherein the Larger Bench of this Court while answering the reference has held the writ petition filed against a private unaided minority institution also to be maintainable. Learned counsel for the respondents upon confronted with it submits that he does not intent to press the objection raised with regard to maintainability of the writ petition, without conceding the proposition itself. In that view of the matter, this Court is not required to examine the issue of maintainability and the writ petition is entertained, accordingly.;