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Judgment
U.K. Dhaon, J.—Heard learned counsel for the petitioners and the learned Standing counsel appearing on behalf of the opposite parties.
The counter affidavit and rejoinder affidavit have been exchanged.
The contention of the petitioners are that the District Inspector of Schools by order dated 21st December, 1989 granted permission for starting two new sections in classes 9 and 10 and the Committee of Management thereafter in the interest of the students appointed the petitioners on the post of L.T. Grade teachers and the petitioners are teaching in the college since 1.7.92.
On 2.11.92, an interim order was passed by this court directing the opposite parties to pay salary and the arrear of the salary to these petitioners. Thereafter, on behalf of opposite parties No.1 to 3, counter affidavit has been filed alongwith the application for vacation of interim order and in the counter affidavit it has been admitted that the permission was granted to start two new sections.
The contention of the learned Standing counsel is that salary has not been paid to the petitioners because no permission for increasing the strength of teachers was granted. The contention of the learned counsel for the petitioners is that there is government order to the effect that for one section there must be 1.5 teachers. The petitioners have averred in the writ petition that there are 12 sections in the college and as such the corresponding strength of the teachers as per government order should be eighteen, but only 14 teachers including Head Master are working in the institution. The contention of the learned standing consel is that the posts have not been sanctioned although on behalf of the petitioners it has been pointed out that the manager has already sent a letter dated 3.4.92, a copy of which is annexed as Annexure No. 11 to the writ petition in which it has been inter alia stated that the necessary orders may be issued. There is no dispute about the Government Order dated 20th November, 1976 which provides for one section there must be 1.5 teachers. Once the permission to increase the Section is granted, there is implied consent for the proportionate increase of the strength of the teachers in the institution.
In View of the aforesaid facts, when the permission was accorded by the respondents for starting two new sections and in view of the government Order dated 20th November, 1976 it was obligatory upon the educational authorities of the Government to increase the strength of the teachers and therefore, the appointment of the petitioners on the posts of L.T.Grade Teachers by the management is perfectly legal and the respondents are under obligation to pay the salary to the petitioners.
In the result, the writ petition is allowed.
A writ in the nature of mandamus is issued directing the opposite parties to pay salary including arrears of salary to the petitioners of L.T. Grade teachers from 1.7.92 within four months from the date a certified copy of this order is produced. Parties will bear their own costs.