JUDGMENT - B.H. MARLAPALLE, J.:---The petitioners are the teachers working in the respondent No. 6 school which is run by the respondent No. 4 society and it is an unaided school. The petitioner No. 1 has already retired from service during pendency of this petition and other petitioners are still in service. They claim that they are entitled for payment of salary as per the fifth pay commission recommendations with effect from 1st January, 1996, including the other benefits like house rent allowance, dearness allowance etc. and, therefore, they are seeking directions to that effect.

2. Respondent No. 4 has filed return and opposed the petition. It is averred that the respondent No. 4, which is a public trust, registered under the Bombay Public Trust Act, is running in all 13 schools out of which 11 schools are of Marathi medium and 9 of them are grant-in-aid and remaining 2 are on non-grant basis. The respondent No. 5 is one such English medium school which is being run on non grant basis. The teachers employed in respondent No. 5 school are paid salary as per the 4th pay commission except some arrears by way of interim relief. It is contended that it was aided by the Rahuri Sahaka

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