- (1.) This writ petition has been filed with a prayer for mandamus commanding the respondents to pay current salary to the petitioners as Assistant Teacher in the institution in question month to month as and when it falls due in terms of the final judgement and order dated 1.11.1996 passed in Writ Petition No.26027 of 1996 (Om Prakash Pandey & ors vs. District Inspector of Schools & ors) and to make payment of arrears of salary to them with effect from October, 2011 till date.
(2.) The present matter relates to the institution namely "Sri Sarvar Sanskrit Adarsh Mahavidyalaya, Kishoreganj, Salempur, District Deoria" (hereinafter referred to as "the institution"), which is a duly recognized 'A' category institution. The institution is run by a registered Society. The institution is imparting education upto the post-graduate level i.e. upto Acharya. All its teachers and employees except the petitioners, who are working as Assistant Teachers in Primary Section of the institution, are getting their salaries from the State exchequer. The institution is affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varanasi.
(3.) The petitioners claim to be fully eligible and qualified Assistant Teachers in Primary Section of the institution. The petitioner nos. 1 and 2 were appointed on 15.7.1973; petitioner nos. 3 and 4 were appointed on 31.8.1981; petitioner no.5 was appointed on 31.5.1981; petitioner nos. 6, 7 and 8 were appointed on 21.7.1985 and petitioner no.9 was appointed on 1.7.1992. Since the date of their initial appointments, all the petitioners are regularly working as Assistant Teachers in Primary Section of the institution alongwith other teachers and taking their classes regularly but they are not getting their salaries from the State exchequer and the management of the institution is giving them only Rs.50/- to Rs.150/- per month from its own resources. The institution is on the maintenance grant-in-aid list of the State Government. The primary section of the institution was also duly approved by the District Inspector of Schools, Deoria in terms of the order dated 4.1.2005 passed by the Joint Secretary, Government of UP addressed to the Director of Education (Secondary), U.P. Lucknow/Allahabad by which His Excellency Governor was pleased to release the grants in respect of the institution in question (Annexure-15 to the writ petition).;