IMPORTANT POINT
The court's decision emphasized the importance of complying with orders to pay salary and highlighted the legal remedy available to employees in cases of non-payment.

JUDGMENT :

1. The petitioner has filed the present petition under Article 226 of the Constitution of India for the following reliefs:-

“(A) YOUR LORDSHIPS be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing respondent nos.1 and 2 to pay decreetal amount to the petitioner as per the order passed in Execution Application No.63 of 2014 (Old Execution Application NO.21 of 2004) dated 19.08.2015 by the Gujarat Educational Institutions Services Tribunal.

(B) Pending hearing and final disposal of the present petition, YOUR LORDSHIPS be pleased to direct respondent nos.1 and 2 to comply with the order passed by the Gujarat Educational Institutions Services Tribunal in Execution Application No.63 of 2014 (Old Execution Application No.21 of 2004) dated 19.08.2015.

(C) Be pleased to pass such other and further orders as may be deemed just and proper looking to the facts and circumstances of the case and in the interest of justice.”

2. Brief facts of the present petition, in the nutshell, are as under:-

2.1 The petitioner was appointed as assistant teacher on 26.09.1978 in primary section of respondent no.1 – school after following due procedure and the educational – qualification of the petitioner is C.P.Ed. As the respondent – school was not paying the salary to the petitioner as per the government rules and regulations, she has filed Application No. 8 of 1995 before the then learned Gujarat Primary Education Tribunal and the Tribunal has passed final order on 16.03.1999 and directed the respondent – school to pay difference of salary on 22.05.1986 within three months and also directed the respondent – school to pay regular salary to the petitioner as per the government rules and regulations. That the Tribunal has also directed the respondent – school to give copy of service book of the petitioner to her and also to give details of provident fund and leave to the petitioner. As the said order passed by the Tribunal was not complied with, Execution Application No.21 of 2004 was filed by the petitioner before the Tribunal. During the hearing of the said application, the Tribunal has directed respondent no.4 herein that if the school was not complying with the conditions of recognition than respondent no.4 should start proceedings for cancelling recognition of the school. Pursuant to the said order passed by the Tribunal, the department has started procedure and then on hearing the concerned teachers, cancelled recognition of the school and the school has without following procedure terminated the services of the petitioner by order dated 31.05.2005. That said order of termination came to be challenged by the petitioner by filing separate application being Application No.46 of 2005 before the then Gujarat Primary Education Tribunal and the said application was transferred to new Tribunal i.e. Gujarat Educational Institutions Services Tribunal and given number as Appeal No.311 of 2014. The said appeal, at present, is pending before the learned Tribunal.

2.2 That as the school has not complied with the order dated 16.03.1999 passed in Application No.8 of 1995, the petitioner has filed Application No.21 of 2014 before the Tribunal, which came to be transferred to the Gujarat Educational Institutions Services Tribunal and given numbered as Execution Application No.63 of 2014. The said application was heard by the Tribunal and the Tribunal has passed an order on 19.08.2015 and directed respondent nos.1 and 2 to pay Rs.5,47,477/- within three months of passing the order by the Tribunal. though the order passed by the Tribunal has not been complied with by respondent nos.1 and 2 and, therefore, the petitioner has filed an application on 28.01.2016 and pointed out to the Tribunal that the Special Civil Application No.1386 of 2000 filed by respondent nos.1 and 2 challenging the order dated 16.03.1999 passed in Application No.8 of 1995 came to be dismissed by the High Court