Court No. - 5
Case :- WRIT - A No. - 9622 of 2019 Petitioner :- Shivakant Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Piyush Sinha Counsel for Respondent :- C.S.C.,Chandan Sharma,Dhananjay Awasthi Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, Sri Chandan Sharma, learned counsel for respondent nos. 2 and 3 and learned standing counsel for the State.
The prayer made in the writ petition read thus:-
"(a) Issue a writ, order or direction in the nature of mandamus commanding upon the All India Council of Technical Education, New Delhi, respondent no. 2 to direct the respondent no. 3 to pay the petitioner's salary as per 6th Pay Commission recommendation."
At the very outset learned counsel appearing for respondent nos. 2 and 3 raised a preliminary objection that the present writ petition is liable to be dismissed in view of the judgment rendered by this Court in Writ A No. 63430 of 2014 and has also placed paragraph no. 9 of the said judgment which is quoted below:-
"9. In Sushmita Basu (supra) and Satimbla Sharma (supra), the Apex Court has declined the plea raised by teachers of unaided institutions for payment of salary equivalent to the Government employees. The private unaided institutions do not get any budgetary support from the State or Central Government and are expected to generate their own funds. Imposing any obligation upon such institutions to pay salary equivalent to State or Central Government employees may otherwise fasten huge liability which they may not be able to bear. It would result in institutions being either shut down due to shortage of funds or pass on the liability upon the students. Both the exigencies would not be in the best interest of promoting cause of education."
The issue involved in the present case is squarely covered by the aforesaid decision. Learned counsel for the petitioner also does not dispute the aforesaid legal proposition.
The writ petition, accordingly, fails and is dismissed.
Order Date :- 14.6.2019 Ujjawal