Hon’ble Sudhir Agarwal, J.—The petitioners, working as Assistant Teacher in Mahatma Gandhi Purva Madhyamik Vidyalaya, Japtapur, Jaunpur (hereinafter referred to as “School”) having not being paid their salary since June 2007, have approached this Court by filing this writ petition in October 2009 seeking mandamus commanding the respondents to pay their salary alongwith arrears. Though the relief in the writ petition has been worded in much broader way so as to include other teaching and non teaching staff of the School but learned counsel for the petitioners has confined prayer to the petitioners in the present writ petition only.

2. The School is recognized by the Board of Basic Education under the provisions of U.P. Basic Education Act, 1972 (hereinafter referred to as “1972 Act”) and for the purpose of payment of salary of teaching and non teaching staff of the School, provisions of U.P. Junior High School (Payment of Salary of Teachers and Other Employees) Act, 1978 (hereinafter referred to as “1978 Act”) are applicable. Since the dispute of management is pending before the prescribed authority, the School is under single operation.

3. Petitioner No. 2 took over charge