MINORITY HIGH SCHOOLS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE petitioners school while alleged non -release of grant for payment of salary and other dues to its teachers by the State in time, made the following prayer: I. For issuance of appropriate writ/ direction commanding the respondents to make payment of arrears of salary to the petitioners as well as teaching and non - teaching staffs of their schools, which is due from October, 1996 to March, 1997 as well as from September, 1997 to till date with bank interest and further to make payment of current salary to them month to month. II. For issuance of appropriate writ/ direction commanding the respondents to make full payment of salary to the petitioners on monthly basis from treasury as well as teaching and non -teaching staffs of their schools like Nationalised High Schools of the State of Bihar. III. For issuance of appropriate writ/direction commanding the respondents to make payment of difference of arrears ofsalary of pay -scale which is due since March, 1989 to May, 1992 to the petitioners and their schools staffs. IV. For issuance of appropriate writ/ direction commanding the respondents to make payment of difference of salary of selection grade and time bound promotion from due date to the petitioners as well as teaching and non - teaching staffs of their schools. V. For issuance of appropriate writ/ direction commanding the respondents to make payment of arrears of interim relief to the petitioners including other teaching and non -teaching employees of their schools, which is due from January, 1994 at the rate of Rs. 100/ - per month again further from January, 1995 to December, 1996 at the rate of 10% per month more further from January, 1997 to March, 1998 further at the rate of 10% per month and from April, 1998 to tifi date further at the rate of 10% per month. The aforesaid interim relief has been increased from time to time by the Government order. VI. For issuance of appropriate writ/direction commanding the respondents to make payment of arrears of teaching allowance, which is due since June, 1991 to the petitioner no.2 to rests at the rate of Rs. 150/ - per month and Rs. 100/ - per month to Assistant teachers of their schools since January, 1995. VII. For issuance of appropriate writ/ direction commanding the respondents to make payment of teaching allowance, regional allowance, area allowance to non - teaching staffs, interim relief, bonus, uniform allowance to class IV staffs, leave travel concessions, group insurance coverage, washing allowances to class IV staffs and contingency etc. to the petitioners and teaching and non - teaching staffs of their schools like employees of Government Nationalised High Schools of the State of Bihar. VIII. For issuance of appropriate writ/ direction commanding the respondents to grant the petitioners and teaching staffs of their schools, senior selection grade, second time bound promotion and also grant facilities of compassionate appointment, building loan advance, marriage advance, motor cycle advance to them and other staffs of their schools as the Principals, other teaching and non -teaching staffs of the Government Secondary High Schools and Nationalised High Schools have been getting. IX. For issuance of appropriate writ/ direction commanding the respondents to give . all facilities of Government Nationalised High Schools concerning salary, interim relief, earn leave after retirement, payment of leave travel concession, bonus, T.A., P.A. two days special leave to woman teachers, provident fund facilities and leave encashment etc. to the petitioners as well as teaching and non -teaching staffs of their schools and also for grant of other relief for which they are found entitled at the time of hearing of the case."

(3.) BY interim order dated 26.11.98, this Court directed the respondent - authorities to pay the admitted current salary of the petitioners school on a month to month basis and the admitted arrears of the petitioners school within stipulated period. The same having not paid, a Contempt petition being M.J.C. no. 895/99 was also preferred.