Court No. - 18
Case :- WRIT - A No. - 9055 of 2018 Petitioner :- Smt. Sandhya Devi and 3 others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Behari Singh,Manish Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri A.B. Singh, learned counsel for the petitioners and learned Additional Chief Standing Counsel for all the respondents.
The petitioners are before this Court with request to issue direction to the third respondent, Deputy Director of Sanskrit, U.P. at Allahabad to pass order for payment of their salary in the light of judgement of Hon'ble Apex Court in State of UP and others vs. Pawan Kumar Dwivedi, 2014 (9) SCC 692 and to decide their representation dated 9.2.2018.
Learned counsel for the petitioners submits that the petitioners are working as Assistant Teachers in attached Primary Section of Jhauwa Dharma Nagar Sanskrit Mahavidyalaya Shikriganj, Gorakhpur, which is affiliated to Sampurnanand Sanskrit University, Varanasi. The institution in question is aided and recognized institution and the salary of teachers is being paid from the State exchequer. The Registrar of Sampurnanand University, Varanasi had passed an order on 2.2.1973 according permission for affiliation and running of attached Primary Section from Class-I to V to the said institution. Earlier the State Government had issued a Government order dated 6.9.1989 wherein 339 institutions upto the level of High School and Intermediate in UP were approved by the State Government for payment of salary under the Payment of Salaries Act, 1971. The teachers in Primary Section of these 339 institutions were being paid salary by the State Government but the teachers of Primary Sections of the Sanskrit institutions were not paid the salary.
Learned counsel for the petitioners further submits that the teachers of attached Primary Section of the institution in question has also been denied salary by order dated 21.8.2009 on the ground that the matter has already been referred to the Larger Bench in Special Leave Petition No.20410/2005 (State of UP and ors vs. Committee of Management, Shri Gaurishanker Sanskrit Mahavidyalaya, Sujanganj, Jaunpur and others). Finally, the aforesaid controversy has been settled by the Full Bench of Hon'ble Supreme Court in Pawan Kumar Dwivedi's case (supra) and as such, request has been made to issue direction commanding the Deputy Director of Sanskrit, U.P. at Allahabad to consider the claim of the petitioner in the the light of judgement of Apex Court in Pawan Kumar Dwivedi's case (supra).
Learned Additional Chief Standing Counsel for the State respondents does not dispute the aforesaid factual and legal aspect of the matter.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the Deputy Director of Sanskrit, U.P. at Allahabad to re- examine the claim of the petitioners and redress the same in the light of the judgement of Apex Court in Pawan Kumar Dwivedi's case (supra) within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 30.3.2018 RKP