CHANDIGARH ADMINISTRATION Vs. RAJNI VALI

JUDGEMENT

(1.) Dev Samaj Girls Senior Secondary School, Chandigarh is a private educational institution duly recognised and receiving grant-in-aid from the Union Territory of Chandigarh Administration since 1-12-1967. Initially the school was imparting education up to class 10. In the year 1988, it was decided to start 10+1 and 10+2 classes in the school and upgrade it to senior secondary level. 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 condition that no grant-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 Secondary Education, New Delhi, with effect from 1-5-1988. The corresponding 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. The respondents 1 to 12 are lecturers who are teaching different subjects in 11th and 12th classes of the school. When their request for grant of salary at par with their counter parts working in privately managed recognised aided schools in Chandigarh was not 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 counter parts working in private recognised aided schools in Chandigarh, especially when the other members of the staff/teachers teaching up to 10th class are receiving the scales sanctioned for the posts against which they are working. 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.

(2.) 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 condition that no grant-in-aid will be provided for additional staff and therefore the claim of the respondents for parity of salary with their counterparts in other aided institutions cannot be accepted.

(3.) The High Court, on consideration of the case of the parties and the contentions raised on their behalf allowed the writ petition and directed the respondents who are appellants herein to pay the same salary to the petitioner-respondents 1 to 13 herein, which is being paid to their counterparts in the privately managed Government aided schools in Chandigarh and the expenses so incurred be apportioned by the Chandigarh Administration and the Management in the ratio of 95% and 5% respectively. The judgment of the High Court is under challenge in this appeal filed by Chandigarh Administration through Secretary, Education, its Finance Secretary and the Director of Public Instructions, School.