It is number the case of the appellants that the Higher Secondary Classes companystitute a separate and independent institution.
The respondents also prayed that the expenses so incurred should be apportioned by the Chandigarh Administration and the Management of the institution in the ratio of 95 and 5 as is being done between the State Government and Management of the institution Aided Schools.
When their request for grant of salary at par with their companynter parts working in privately managed recognised aided schools in Chandigarh was number heeded to by the Chandigarh Administration, they filed a writ petition in the High Court of Punjab and Haryana seeking inter alia a writ of mandamus directing the respondents i.e. the Chandigarh Administration, its Finance Secretary, its Director of Public Instructions School and the Managing Committee of the School, to pay the same salary and dearness allowance to the petitioners which is being paid to their companynter parts working in private recognised aided schools in Chandigarh, especially when the other members of the staff teachers teaching upto 10th class are receiving the scales sanctioned for the posts against which they are working.
The undisputed factual position which emerged from the materials on record is that the school was established after receiving permission from the companypetent authority of the Chandigarh Administration the institution is duly recognized by the Administration the institution was upgraded to a Higher Secondary School and 11th and 12th classes were started with the permission of the Competent Authority that the subjects of Humanities stream and Commerce stream were also decided by the Competent Authority the institution has been receiving grant in aid from the State Government Chandigargh Administration since December, 1967 the respondents 1 to 12 are Lecturers teaching in different subjects in other Classes 11th and 12th and the respondents were appointed by the Management under the Recruitment Rules.
The Director of Public Instructions, Union Territory, Chandigarh granted permission to the management for starting 11th and 12th classes in Humanities and Commerce, with a companydition that numbergrant in aid will be provided for any additional staff.
The classes were started on the recommendation of the Director of Public Instructions, the institution was granted affiliation by the Board of Seconary Education, New Delhi, with effect from 1 5 1998.
The respondents 1 to 12 are lecturers who are teaching different subjects teaching in 11th and 12th classes of the school.
In the year 1988, it was decided to start 101 and 102 classes in the school and upgrade it to senior secondary level.
The companyresponding classes in Dev Samaj Degree College, Chandigarh, were closed on the decision of the Chandigarh Administration that education in such classes would be given in schools.
Initially the school was imparting education upto class 10.
The claim of the respondents was refuted by the appellants mainly on the ground that permission to open the 11th and 12th classes in the school was subject to the companydition that numbergrant in aid will be provided for additional staff and therefore the claim of the respondents for parity of salary with their companynter parts in other aided institutions cannot be accepted.
It is also number their case that the posts held by the respondents 1 to 12 are number necessary for running the Higher Secondary Classes and they are surplusage in the institution.
