- (1.) SATYA Deo Misra and others are before this Court and as on date are praying for following relief; i. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow the University Grants Commission pay -scale to the petitioners as are admissible to the University Teachers/Lecturers of the University in the department of Shiksha Shastra with all consequential benefits; ii. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay the arrears of salary and allowances as a consequence of admissibility of University Grants Commission pay -scale which has been denied by the opposite parties on the basis of pending representations preferred by the petitioners; ii -a. to issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 19.07.2006 passed by the opposite party no. 1 as contained in Annexure No. 11 to the writ petition; ii -b. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to grants UGC pay -scale to the petitioners as is admissible to the lecturers of the University notwithstanding the impugned orders dated 19.07.2006 passed by the opposite party no. 1 as contained in Annexure No. 11 to the writ petition; ii -c. to issue a writ, order or direction in the nature of certiorari to quash the Government Order dated 10.09.1987 passed by the opposite party no. 1 as contained in Annexure No. 5 to the writ petition, so far it excludes the conferment of revised pay -scale to the affiliated college of Sampurnanand Sanskrit University. ii -d. to issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 6.1.2014 passed by opposite party no. 1 as contained in Annexure No. 13 to the writ petition. ii -e. to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to grants UGC pay -scale to the petitioners as is admissible to the lecturers of the affiliated colleges of the other Universities notwithstanding the impugned order dated 6.2.2014 passed by the opposite party no. 1 as contained in Annexure No. 13 to the writ petition. iii. to issue such other writ, order or direction which this Hon'ble Court may deem just and proper in the circumstances of the case in favour of the petitioners. iv. to allow the writ petition with costs.
(2.) BRIEF background of the case as is emanating in the present case that there is a Sanskrit Mahavidyalaya known as Srimat Paramhans Sanskrit Mahavidyalaya (hereinafter referred to as "the college"), the said college is affiliated to Sampurnanand Sanskrit University, Varanasi (hereinafter referred to as "the University") and the affairs of the said college is to be run and managed strictly as per the provisions as contained under U.P. State Universities Act, 1973 and the First Statutes framed thereunder.
(3.) PETITIONERS have come up with the case that at Srimat Paramhans Sanskrit Mahavidyalaya "the college" there is a department of Shiksha Shastra and the department of Shiksha Shastra is engaged in imparting education to the students for enabling them to get Shiksha Shastri degree course. Petitioners have also proceeded to mention that the said degree of Shiskha Shasti has been accepted to be equivalent to the degree of B.Ed. vide Government Order dated 12.01.1973. In pith and substance petitioners submit that they are in effect imparting instructions to students of degree course, who eventually would be conferred degree of Shkisha Shastri, which is equivalent to the degree of B.Ed. Petitioners have proceeded to mention that as far as they are concerned, they have been appointed in the college concerned after due advertisement has been made by the duly constituted committee, however, most surprisingly copy of the advertisement in question and the name of newspaper in which said advertisement has been published, has not been disclosed by the petitioners, but, this much fact has been stated that petitioner no. 1 has been appointed on the post of lecturer in the department of Shiksha Shastra in the college concerned on 08.05.1986, petitioner nos. 2 and 5 have been appointed on the post of lecturer on 09.04.1989 and petitioner nos. 3 and 4 have been appointed on the post of lecturer on 08.07.1983 and 01.12.1983 respectively. Petitioners have come up with the specific case that each one of them is having to his credit educational qualification of M.A. with M.Ed., which is required educational qualification for appointment on the post of lecturer in the department of Shiksha Shastra under the First Statutes of the University. Petitioners have also proceeded to mention that their appointment has been approved by the Vice -Chancellor from time to time and in this direction as far as petitioner nos. 3 and 4 are concerned on 02.12.1983 and as far as petitioner no. 1 is concerned on 08.05.1986 and as far as petitioner nos. 2 and 5 are concerned on 09.04.1989. It has also been stated in the body of writ petition that for the purposes of payment of salary the State Government accorded approval for creation of five posts of lecturers in the college in the pay -scale of Rs. 1600 -2650 vide a Government Order dated 22.12.1990 and the said Government Order clearly proceeded to mention that the appointment on the above referred post will be made in accordance with the First Statute of the University and the educational qualification and experience etc. for the purposes of the said post will be in accordance with the University Statute. Details have also been set out that the above Government Order has subsequently been modified by another Government Order dated 13.02.1992 clarifying the earlier Government Order, that provided for approval to the creation of post of lecturer in the college w.e.f. 01.12.1990 that creation and approval of the post of lecturer has been made effective w.e.f. 01.07.1990.;