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1998 Supreme(SC) 370

S.C.AGRAWAL, A.P.MISRA, K.VENKATASWAMI
Vinod Sharma – Appellant
Versus
Director Of Education (Basic) U. P – Respondent


Judgment

Misra, J.-Special leave is granted.

This appeal is directed against the judgment and order of the High Court dated 7th October, 1996 in a writ petition, where­in direction was issued to the respondents to pay the salary of the appellants under the Payment of Salary Act from 29th August, 1991. The grievance is, the impugned order has shortened the relief from what was envisaged under the judgment and order dated 29th August, 1991. The claim is they should be paid the arrears of their salary not from 29th August, 1991 but from 1st July, 1975.

2. It is necessary to refer to certain essential facts to appreciate the controversy in this case. The 58 Gorakha Training Centre, Junior High School, Dehradun Cantt was established in the year 1952 for providing education to the children of Ex-Service men, serving Mili­tary personnels and officers as well as civilians and the Education Depart­ment. The U.P. Government gave recognition to the said institu­tion with effect from 9th April, 1959. The case is that they were appointed as Assistant Teachers being duly qualified. On 9th April, 1970, the District Inspector of Schools Dehradun gave permission to the management to run the classes























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