SWAMI PARAM HANSH LAGHU MADHYAMIK VIDYALAYA SAJAWAN AND ANOTHER Vs. ADDITIONAL DIRECTOR OF EDUCATION BASIC/DIRECTOR OF EDUCATION U.P., SHIKSHA ARTH (4) ANUBHAG

JUDGEMENT

(1.) HEARD petitioners' counsel and the learned Standing counsel. By means of this writ petition, the petitioners have prayed for a writ of certiorari for quashing the impugned orders dated 13.7.92 and 10.9.1992 contained in Annexures 2 and 3 to the writ petition.

(2.) IT is not necessary to narrate the facts in detail and it may be suffice to mention that the petitioners were already working as Teachers in the Institution in question before the said Institution was brought to be governed by the provisions of the Payment of Salaries Act, 1978 and they were getting salaries from the Institution. The Institution in question was brought into grant -in -aid list by the Government Order dated 13.7.1992 with effect from March, 1991. The Director of Education by his order dated 13.7.1992, copy of which has been annexed as Annexure -2 to the writ petition, issued guidelines for fixation of salary. It was indicated therein that the pay of the Teachers after the date of recognition of the Institution be fixed at the minimum in the new pay scale provided in the grant -in -aid list. It was further provided that the salary paid in excess of the same shall be adjusted in future by deduction. The District Inspector of Schools, Deoria on the basis of the said order of the Director of Education passed the impugned order dated 10.9.1992 directing that the petitioners shall be paid salary at the minimum of the new pay scale provided in the grant -in -aid list. Deduction of excess salary has also been ordered.