Writ for wages at par with govt employees
Mrs R.Yadav
(Querist) 08 November 2014
This query is : Resolved
Dear Experts,
I was dismissed from the from the post of teacher by pvt unaided cbse affiliated school. I filed CWP in High Court to challenge termination order . HC disposed above cwp and directed me to file appeal before Distt Session Judge as per judgment given by SC in case of TMA Pai Foundation .Acordingly I filed appeal before Addl Distt Session Judge to challenge termination order. In appeal, I prayed to set aside termination order, to reinstate me in service. I also prayed that the school be directed to pay me salary and other allowances as per CBSE Bye Laws according to which I am entitled to be paid salary and other allowances at par with state govt teachers. Here I tell you that as judgment given by SC in case of TMA Pai Foundation , I could file appeal before DJ/ADJ only against the penalty imposed by the school. on 12.09.14 ,ADJ set aside termination order ordered the school to reinstate me in service but the court did not pass any direction regarding salary and other allowances at par with state govt teachers. My question is :
1. Can I file fresh writ in lower court against school praying to get salary and other allowances at par with state govt teachers?
2. As I had prayed earlier in appeal (filed to challenge termination order) to direct the school to pay me salary and other allowances at par with state govt teachers, will this appeal act as a barrier in my way to file fresh writ to get salary and other allowances at par with state govt teachers ? If no , kindly suggest the relevant laws under which I can file fresh writ to get salary and other allowances at par with state govt teachers.
3. The school has neither availed any stay order against the judgment passed by ADJ nor the school has t reinstated me yet. Can I file any suit for compensation and damages against school in addition to file application for execution and contempt of court petition ?
Kindly advise me.
Regards
Mrs R.Yadav
Devajyoti Barman
(Expert) 08 November 2014
1. Wrt lies in high court, not in lower court.
2.No, you can file fresh case.
3. No need. File contempt petition.
ajay sethi
(Expert) 08 November 2014
writ petition has to be only in HC . you can file fresh case
Sudhir Kumar, Advocate 
(Expert) 08 November 2014
agreed with experts.
You can also for you future fight gather the following evidence under RTI from Govt agencies:-
(i) what salary the school is reporting to CBSE and DEO.
(ii) what wage structure is being reported to EPFO.
Mrs R.Yadav
(Querist) 08 November 2014
Dear Experts
Thanks a lot to all learned experts for extending their valuable advices.
Regards
Mrs R. Yadav
