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Committee Of Management, Adarsh ... vs State Of U.P. And Ors.

High Court Of Judicature at Allahabad|12 November, 2002

JUDGMENT / ORDER

JUDGMENT A.K. Yog, J.
1. All the respondents are represented by learned standing counsel. For the first time, notice of the petition was given on 6.5.1999, Vide order dated 7.5.1999 Court directed the case to be listed on 15.7.1999 since learned standing counsel accepted notice for respondent Nos. 1 to 5, obviously with the desire that parties be provided opportunity to exchange pleadings and case be heard on merit itself. Respondents have not cared to file counter-affidavit as the record stands before the Court today.
2. Learned standing counsel again, as a routine, prayed for further time without furnishing any valid explanation for not filing counter-affidavit.
3. Writ petition is being decided after hearing learned counsel since all the parties are represented by learned standing counsel and as contemplated under Rules of Court.
4. Having perused the record of the writ petition, I find that controversy involved in the present writ petition is fully covered by the judgment and order dated 18.1.1993, passed by learned single Judge (Hon. M. Katju, J.) in the case of Ramesh Upadhyay and Anr. v. State of U. P. and Ors., 1993 (2) AWC 847 : 1993 ESC 36O. I will record to place my allegiance with the aforesaid judgment rendered by learned single Judge and have nothing to add. The aforesaid judgment is exhaustive and refers to the relevant extract passage from the Constituent Assembly. I am in full agreement with the view taken by learned single Judge who allowed the writ petition and also directed the respondents to pay salary to the primary section teachers in Sanskrit Institutions through the State as is done in the cases of school teachers of High School and Intermediate Colleges and further directing for payment of salary to the former as is being paid to the latter, i.e., in accordance with the Government order dated 28.2.1990 and 6.9.1990 (as amended). The teachers of the Institution (Primary Section) will also be entitled to other consequential benefits like Group Insurance, General Provident Fund, retirement benefits which are being made available to the Primary Section teachers in High School and Intermediate Colleges.
5. I only wish to add at the end that conduct of the respondents in creating discrimination for the teachers of Sanskrit is nothing sort but an act of shame. Sanskrit language has already been claimed as most scientific for the human civilization in the entire world. This Court would like to place on record that respondents' authorities will be better advised to provide better facilities, impetus, incentive and also environment for promoting Sanskrit language which is the mother of all the languages in the world.
6. Writ Petition stands allowed on the same terms and conditions as already decided by this Court vide judgment and order dated 18.1.1993 in the case of Ramesh Upadhyay (supra). Respondents' authorities shall comply with the order within three months of the receipt of a certified copy of this judgment.
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Title

Committee Of Management, Adarsh ... vs State Of U.P. And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 November, 2002
Judges
  • A Yog