PRESIDENT NAVA YUVAK MANDAL Vs. STATE OF GUJRAT

JUDGEMENT

(1.) THESE two petitions are filed by the Education Institution under Articles 226 and 227 of the Constitution of India, challenging the orders dated 16.11.2005 passed by the Gujarat Higher Secondary School Services Tribunal in Application Nos. 15 of 1999 and 117 of 1999.

(2.) THE above applications were preferred by the respondent No.3 in each of the petition, for payment of salary under Direct Payment Scheme from June, 1997.

(3.) THE fact of the respondent No.3 of Special Civil Application No.5510 of 2006 in her application before the Tribunal is that she was appointed on 22.6.1992 after following due procedure of selection. After her appointment, she was entitled for salary from June, 1997 under Direct Payment Scheme. Higher Secondary Section was sanctioned by the State Authority in the month of June,1992 and on completion of 5 years, the school became eligible to be covered under Direct Payment Scheme from June, 1997. The school has paid salary to her from the date of appointment till May, 1997, however, the school stopped making payment of salary from June, 1997. It is further stated by the applicant that the school closed down the Higher Secondary classes and Commissioner of Education declared her surplus on