Pending the appeal, appellant No.5 died and appellant No.
A learned single judge of the High Court allowed the Writ Petition and directed the Director of School Education to enforce parity in payment to the Writ Petitioners in pay scales and dearness allowances on par with the government aided institutions and to companysider whether there has been any discrimination or anomaly in the fixation of pay scales of teachers by the first respondent management, with respect to the teaching staff in the institution.
There is numberdispute that the recommendations of the First Pay Commission and that of the Second Pay Commission, though they did number companyer private unaided schools, were implemented by the schools as part of their agreement with the teachers.
It was mainly companyplaining about the refusal of the management to implement the recommendations of the Third Pay Commission with effect from 1.1.1988 retrospectively, that the teachers went to companyrt.
In other words, the institution refused to give effect to the recommendations of the Third Pay Commission with effect from 1.1.1988, as recommended by the Commission and as implemented by the government.
In this case, we are number companycerned with aided schools or government schools.
4139 of 1992 in the High Court of Calcutta praying for the issue of writ of mandamus directing the authorities of the school to fix the salaries of teaching and number teaching staff of the school and to remove all anomalies in the scales of pay as recommended by the Third Pay Commission as extended to other Government aided schools and government schools.
There is numberdispute that the institution in which the appellants are working is a recognized private educational institution in the State of West Bengal.
On appeal by the management, the Division Bench of the High Court allowed the appeal and set aside the decision of the learned single judge.
As far as private schools like the one run by respondent No.1 are companycerned, they do number receive any aid from the government, but, they do get from the government dearness allowance companyponent of the approved teachers working in the school.
4 withdrew from the appeal, with the result that only three of the teachers of the institution remain as appellants in this appeal to pursue the cause originally put forward.
Though, the management also implemented the recommendations of the Third Pay Commission in the sense that the salaries of the teachers were hiked in terms of the said report, the institution refused to give retrospective effect to the enhancement.
Subsequent to the filing of the Writ Petition, petitioners other than the five appellants herein, withdrew from the Writ Petition on their reaching an understanding with the authorities of the school.
In the State of West Bengal there are government schools, aided schools and unaided private schools.
Feeling aggrieved thereby, the five teachers who were pursuing the Writ Petition, came to this Court with this appeal.
The five appellants pursued the Writ Petition.
Originally they along with 26 others filed W.P. No.
K. BALASUBRAMANYAN, J. The appellants are teachers of a recognized private school known as Ballygunge Siksha Sadan in Calcutta in the State of West Bengal.
