JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.06.2019 in Writ Petition No.5311 of 2011 and Writ Petition No.5338 of 2000 passed by the High Court of Judicature at Bombay, the management has preferred the present special leave petitions. By the impugned common judgment and order the High Court has declared that the entitlement of the original petitioners is to receive wages in pay scales as per Schedule-C to the Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981. Thereafter, the Division Bench has disposed of the said writ petitions issuing a direction to the Deputy Director (Education) to see that the teachers working with the petitioners school are received their wages and salaries accordingly. The High Court has also not accepted the submissions on behalf of the petitioner to restrict arrears to three years preceding the filing of the writ petition.

2. At the outset, it is required to be noted that in the order dated 21.10.2019, this court recorded the submissions on behalf of the petitioners that the petitioners are ready to pay the arrears as per 6th Pay Commission for the preceding three years prior to the filing of the writ petition. Thereafter this court passed the following order on 04.11.2019:

“Being aggrieved by the impugned order of the High Court directing the petitioners-Institution to pay the arrears of salary as per the Fifth and Sixth Pay Commissions to the teaching and non-teaching staff of the second petitioner-School (said to be unaided school) the petitioners have filed these special leave petitions.

We have heard Mr. Shekhar Napahade, learned senior counsel, assisted by Ms. Bina Madhavan, learned counsel appearing for the petitioners who has submitted that the petitioners are ready to pay arrears as per the Sixth Pay Commission for the preceding three years prior to the filing of the writ petition.

On the above submission, the petitioner to file the calculation memo as arrears of the amount payable to the teaching and non-teaching staff.

Accordingly, the petitioners have filed calculation memo as per which the amount towards the salary for three years preceding the filing of writ petition (Sixth Pay Commission), Rs.1,49,13,459/- is payable.

So far as the total arrears towards Fifth Pay Commission an amount of Rs.1,19,96,967/-is payable. Insofar as the Sixth Pay Commission an amount of Rs.5,34,50,719/-is stated to be the arrears payable. Thus the total arrear as per Fifth and Six Pay Commissions is Rs.6,54,47,686/-(Rs.1,19,96,967/-+ Rs.5,34,50,719/-) and out of the said amount 50% works out to Rs.3,27,23,843/-.

Mr. Shekhar Napahde, learned senior counsel, has submitted that the second petitioner being unaided school may not be in a position to deposit the entire amount. Considering the submission made at the Bar, there shall be an interim stay of the operation of the impugned order on condition that the petitioner shall deposit 50% of the total amount which works out to Rs.3,27,23,843/-within a period of eight weeks failing which the interim stay granted by this Court shall be automatically vacated. The deposit of the above amount shall be without prejudice to the contention of the petitioners in the matter.

On such deposit, the amount of Rs.3,27,23,843/-shall be disbursed to the teaching and non-teaching staff of the second petitioner-school and other employees who are held entitled to get arrears as per the orders of the High Court.

Issue notice.”

That thereafter a further order dated 29.01.2020 came to be passed by this court, which reads as under:

“In compliance of Order dated 04.11.2019 the petitioners Institution has deposited the amount of Rs.3,27,23,843/-(Rupees three crore twenty seven lakhs twenty three thousand eight hundred forty three) in the Registry of the Supreme Court. As per the said order the amount is to be disbursed to the teaching & non-teaching staff and the other employees of the second petitioner-M