STATE OF H.P. Vs. KAILASH GUPTA

JUDGEMENT

(1.) THE present Letters Patent Appeal is directed against the judgment dated 16th October, 2003 of the learned Single Judge whereby writ petition filed by respondents No. 1 to 11, who are teachers in Arya Girls Senior Secondary School, Shimla, seeking parity of pay, with their counterparts working in Government Schools has been allowed and a direction has been issued to the present appellants, i.e. State of Himachal Pradesh, and Director (Education) to pay grant -in -aid equivalent to 95% of the salary and allowances of teachers working in Government Schools, for disbursement to respondents No. 1 to 11.

(2.) ADMITTED facts are as follows : -

(3.) Appellants, who were impleaded as respondents, took the plea that though they had permitted the addition of two classes to the school, yet it was after an undertaking given by the management of the School in the form of affidavit that extra grant -in -aid will not be claimed in respect of the teachers to be employed for teaching 11th and 12th classes. 5.The plea raised by the appellants did not find favour with the learned Single Judge, who placing reliance upon a judgment of the Apex Court in Chandigarh Administration and others v. Rajni Vali (Mrs.) and others, 2000(2) SCC 42, held that respondents No. 1 to 11 were entitled to the same salary as their counter -parts in other schools and that the appellants were under obligation to pay grant -in -aid equivalent to 95% of the salary and allowances.