PRADESHIK SANSKRIT MAHAVIDYALAYA ADHAYPAK KALYAN SAMITI Vs. STATE OF UTTAR PARDESH
LAWS(ALL)-2017-8-158
HIGH COURT OF ALLAHABAD
Decided on August 21,2017

Pradeshik Sanskrit Mahavidyalaya Adhaypak Kalyan Samiti Appellant
VERSUS
State Of Uttar Pardesh Respondents

JUDGEMENT

SUDHIR AGARWAL,J. - (1.) This writ petition under Article 226 has been filed by two petitioners. Petitioner-1, Pradeshik Sanskrit Mahavidhyalaya Adhyapak Kalyan Samiti is a registered society of Teachers working in Sanskrit Degree Colleges affiliated to Sampurnand Sanskrit Vishvidhyala, Varanasi (hereinafter referred to as S.S.U.) and 47 such Sanskrit Degree Colleges, are members of the society. Petitioner-2 is one of the Science Teachers and is also President of the Society.
(2.) By Government Order dated 28.02.2009, benefit of revised pay scale has been granted to all Universities governed by U.P. State Universities Act, 1973 other than agricultural, medical and technical Universities as also the Colleges associated and affiliated with such Universities.
(3.) It is contended that by the aforesaid Government order, benefit of revised pay scale has illegally been denied to S.S.U. and Colleges affiliated to it. Members of petitioner Society are entitled to the benefit of revised pay scale along with other State Government servants, in view of recommendation of University Grants Commission (hereinafter referred to as U.G.C.) communicated by Ministry of Human Resources and Development, vide letter dated 31.12.2008. It is further contended that exclusion of S.S.U. and Colleges affiliated to it from the benefit of revised pay scale is wholly arbitrary and violative of Articles 14 and 16 of Constitution of India. S.S.U. is one of the existing Universities as defined under Section 2(8) of U.P. Act 1973, therefore, exclusion of S.S.U. and Colleges affiliated to it from benefit of revised pay scale is arbitrary and illegal and Teachers of the Colleges are entitled to same benefit.;


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