Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition (S/S) No. 4877 / 2001 Balam Singh and others ………….. Petitioners Versus Deputy Director of Education (Uttaranchal) Education Directorate, Subhash Road, Dehradun and others. …… Respondents. ……………. Sri S.K. Mandal, learned counsel for the petitioners. Sri H.M. Raturi, learned counsel for the respondent Nos. 1,2,3,5 & 6. Date: May 07, 2008 Hon’ble P.C. Verma, J. This petition has been filed by the petitioners seeking writ of mandamus directing the respondents to release the salary and other emoluments of the petitioners with effect from July 2001 with interest and further to pay them salary continue month to month in accordance with law. 2. The petitioners were appointed in teaching and non-teaching staff in the institution/respondent No.4, which is a registered society under the Societies Registration Act. The institution was given recognition and permission to run classes VI to VIII. The petitioners’ services were regularized prior to March 2000. In July 2001 the institution has upgraded upto High School. The grievance of the petitioners is that since the institution has upgraded of the upto High School, the respondents have stopped to pay the salary to the staff of the institution without assigning any reason. 3. I have heard the learned counsel for the parties and perused the record. 4. On 06.12.2001 the following interim order has been passed in the writ petition :- “In the meantime, the petitioners shall be paid salary under the Payment of Salary Act applicable to the Junior High Schools Teachers and Primary Teachers as they were being paid prior to the upgradation of the institution.” 5. In this case no counter affidavit has been filed by any of the respondent. The said institution was functioning under the grant in aid prior to the upgradation. The petitioners were being paid salary regularly prior to up-gradation of the institution and on up-gradation their salary was stopped without any reason. 6. In view of above, it is made clear that the petitioners shall be paid salary admissible to the teaching and non-teaching staff of Junior High School which is grant in aid. 7. The writ petition is disposed of accordingly. (P.C. Verma, J.) 07.07.2008 P.Singh