JUDGMENT
(1) Petitioners 1 to 7 were posted as Assistant Teachers and petitioner No. 8 as Water Woman in respondent No. 3 school. They were confirmed employees. By virtue of an Order dated 8.8.1988 (Annexure-A) the petitioner were directed to be relieved and were asked to report to A.E.O. Shahadra (South) for further posting in diverted capacity and presently as per the affidavit of Shri T.C. Arora. A.E.O.(Grant-in-aid) petitioner No.17 are posted in various primary schools of Municipal Corporation as stated in the said affidavit whereas petitioner No. 8 is posted as a water woman with M.C.D. Education Department(South) Kanti Nagar. Shri T.C. Arora, Assistant Education Officer (Grants-in-Aid) in his affidavit has stated that the petitioners are being paid only 95% of the salary. In the order passed on 12.3.96 the respondents were called upon to clearly as to why the petitioners were not being paid full amount of their salary and also the present place of petitioners’ posting. The reason for not paying full salary has not been clarified on the affidavit.
(2) Our attention has been drawn to Rule 47 of Delhi School Education Rules. It is not in dispute that the petitioners on being declared surplus were directed to be absorbed under sub-rule (1) Rule 47 of Delhi School Education Rules and on that basis they are presently posted in various primary schools of Municipal Corporation and one of the petitioner(petitioner No. 8) is posted in M.C.D. Education Department (South) Kanti Nagar. Sub-rule (2) of Rule 47 says that the salary and other allowances last drawn by such of the employees at the school from which they have become surplus shall be protected. As such there is no reason as to why the petitioners should not be paid their full salary and other allowances as were last drawn by them. Petitioners have also made grievance that they have not been paid their salary for June, 1988 to August. 1988; Diwali Bonus for 1987, 1988 and 1989 and Teaching Allowance at the rate of Rs. 100.00 per month commencing from Jan., 1986 to May 1988. Petitioners in para 7 of the petition have specified the details of the amounts which have not been paid to them. There is no reply on behalf of respondents that whether such an amount has or has not been paid.
(3) In view of the Sub-rule (2) of Rule 47 and the evasive reply on the part of respondent No. 1 and 2 we direct respondent No. 1 to continue paying to the petitioners their full salary and other allowances last drawn by them at the school from where they had become surplus and to pay the arrears as also the amounts as are mentioned in para 7 of the writ petition. Respondents are directed to work out the arrears and other amounts which have become due and payable to the petitioners. Whatever amount is found payable on proper verification, the same, if not paid already, will be paid to the petitioners within a period of three months. Writ petition stands disposed of accordingly.
(4) A copy of the writ order will be sent to respondent No. 1 and 2 for compliance.