BALLYGUNGE SIKSHA SAMITY Vs. SUSMITA BASU

JUDGEMENT

(1.) The respondents Nos.1 to 5 in this appeal were among 21 members of the teaching staff of an educational institution known as "Ballygunge Siksha Sadan" run by the appellant No.1 Society at 81A, Gariahat Road, Calcutta-700017, who had filed a writ petition, being W.P.No.4139 of 1992, inter alia, praying for issuance of a writ in the nature of Mandamus upon the authorities of the school to properly fix the salaries of the teaching and non-teaching staff of the school and to remove all anomalis in the scales of pay as recommended by the Third Pay Commission and as extended to other Government aided D.A. getting schools. Out of the 31 writ petitioners some retired from service during the pendency of the writ petition and some chose to withdraw from the writ petition leaving the respondents Nos.1 to 5 herein to continue with the same.

(2.) The case as made out in the writ petition is that Ballygunge Siksha Sadan was established in 1950 as a High School and was granted recognition in 1952 provisionally for two years by the West Bengal Board of Secondary Education. Subsequently, the school was granted a Special Constitution and came to be administered by a Managing Committee constituted thereunder. In 1978, the school was granted recognition as a Higher Secondary School by the West Bengal Council of Higher Secondary Education. The school has been receiving aid from the State Government in the form of Dearness Allowance for its approved teachers, but a good many of the teaching staff had not been approved and were thus denied the benefit of Government Dearness Allowance.

(3.) The writ petitioners alleged that though they had been given the benefits as recommended by the First and Second Pay Commission in West Bengal and as extended to other aided educational institutions in West Bengal, their pay was not refixed as per the recommendations of the Third Pay Commission of West Bengal.