- (1.) THE petitioners, who are teaching employees of Middle School. Notified Area Committee. Sindri, have preferred this application for a direction on the respondents to pay them the salary due since October. 1998 till date with a further prayer to provide them the benefit of revision of pay in terms with the recommendation of the 5th Pay Revision Committee, as also time bound promotions to which one or other petitioner is entitled.
(2.) ACCORDING to the petitioners, the Middle School, Sindri was -opened and run by the Notified Area Committee. Sindri. Petitioner No. 1 is working in the said school since 12th February, 1962 and at present is holding the post of Headmaster. Petitioners Nos. 2. 3. 4 and 5 are the Assistant Teachers, working since 5th July, 1963. 30th March, 1967. 18th May. 1963 and 25th April. 1972 respectively. They were paid their salary regularly up to September. 1998 but since October, 1998 no salary has been paid in their favour by the respondents nor the revision of pay has been made applicable to them as per the recommendation of the 5th Pay Revision Committee/ Fitment Committee. The case of the petitioners is that the Fertilizer Corporation of India earlier preferred a writ petition before this Court against the levy of educational cess. The matter went up to the Supreme Court in Civil Appeal No. 10779 of 1996 with Civil Appeal No. 10784 of 1996 and is pending. The Supreme Court. passed interim order on 21st of March, 1997 as follows : "The order dated 21.3.1997 is modified to the limited extent that the Executive Officer. Notified Area Committee, Sindri may be permitted to withdraw the amount, but the condition originally laid down by this Court that it will be utilised for the purpose of payment of salary to the teachers shall remain."
(3.) IT is stated that in pursuance of the order aforesaid, a sum of Rs. 20 plus 10 lakhs, total 30 lakhs, was withdrawn by the respondents but the salary to which the petitioners were entitled have not been paid by the Notified Area Committee. Sindri.;