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2006 Supreme(SC) 883

H.K.SEMA, P.K.BALASUBRAMANYAN
Sushmita Basu – Appellant
Versus
Ballygunge Siksha Samity – Respondent


JUDGMENT

P.K. Balasubramanyan, J.—1. The appellants are teachers of a recognized private school known as Ballygunge Siksha Sadan in Calcutta in the State of West Bengal. Originally they along with 26 others filed W.P. No. 4139 of 1992 in the High Court of Calcutta praying for the issue of writ of mandamus directing the authorities of the school to fix the salaries of teaching and non-teaching staff of the school and to remove all anomalies in the scales of pay as recommended by the Third Pay Commission as extended to other Government aided schools and government schools. Subsequent to the filing of the Writ Petition, petitioners other than the five appellants herein, withdrew from the Writ Petition on their reaching an understanding with the authorities of the school. The five appellants pursued the Writ Petition. A learned single judge of the High Court allowed the Writ Petition and directed the Director of School Education to enforce parity in payment to the Writ Petitioners in pay-scales and dearness allowances on par with the government aided institutions and to consider whether there has been any discrimination or anomaly in the fixation of pay-scales of teachers by the first r







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