S.B.Sinha, J. - (1.) In this writ application the petitioners who are the teaching and non-teaching staff of a school commonly known as Sishu Niketan (KG) of Jalpajguri, have filen this writ application claiming, inter alia, the following reliefs : (a) An appropriate writ or writs, order or orders be issued directing the respondents and each one of them to (i) allot grant-in-aid to Sishu Niketan (K.G.) School, Jalpaiguri and (ii) to pay salaries and allowances to the petitioners and each one of them, month by month and (iii) to pay the petitioners and each one of them the arrear, Salaries and allowances for the months from June to December, 1992.
(2.) Sishu Niketan (K.G), Jalpaiguri (hereinafter referred to the 'said school') is run by Sishu Niketan, Jalpaiguri a Children's Welfare Society. Allegedly from 15th August, 1947 the said school was given sanction under Grant-in-Aid scheme by the State Government vide Memorandum dated 13th February, 1948 issued by the Assistant Inspector of Schools, Jalpaiguri. Allegedly the said school provided free education to its students. The allotment of money for payment of salary and allowances to the approved teaching and non-teaching staff of the said school was sanctioned by the State Government through the District Inspector of Schools (Primary). However, from March, 1992 the petitioners had not been paid their salaries and allowances. Allegedly on 25.9.1992 an allotment for Rs. 4,00,000/- was sanctioned by the District Inspector of Schools.
(3.) The Respondent Nos. 1 to 4, in their affidavit, inter alia, stated that the school was not a recognised institution and, thus, neither question of approval of the appointment of teaching and non-teaching staff nor payment of any Grant-in-Aid to the said school arises.;