ORDER :

Sunita Agarwal, J.

1. Heard Sri A.B. Singh, learned counsel for the petitioners and Sri Vishal Tandon, learned brief holder appearing on behalf of the State.

2. The petitioners (seven in number) claimed to be working as Assistant Teachers in the Primary School attached to Jhauwa Dharma Nagar Sanskrit Mahavidyalaya Shikriganj, Gorakhpur, seek to challenge the order dated 21.08.2009 passed by the respondent no. 4 rejecting their claim for payment of salary from the State Exchequer in the light of the judgment of this Court in Ramesh Upadhya Vs. State of U.P. & others reported in 1193 AWC 847.

3. The facts in brief relevant to decide the controversy at hand are that the institution namely Jhauwa Dharma Nagar Sanskrit Mahavidyalaya Shikriganj, Gorakhpur is affiliated to the Sampurnanand Sanskrit University, Varanasi which imparts Sanskrit education. It is contended that the said institution is aided and recognized and the salary of teachers of the college is being paid from the State fund but the teachers of the attached primary school section are not getting their salary from