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SHREE PRAKASH SINGH
Anita Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. Heard Sri Rohit Tripath, learned counsel for the petitioners, Sri Raj Kumar Singh, advocate, holding brief of Sri Abhay Raj Singh, counsel for opposite party No. 5, Sri Shailendra Kumar Singh, Chief Standing Counsel and Sri Vivek Shukla, learned additional chief standing counsel for the State.
2. Under challenge is the order dated 18.12.2019, whereby the claim of the petitioners for payment of salary from State exchequer, has been been rejected.
3. Counsel for the petitioners submits that the institution was established in year 1978 as Sanskrit College Imparting Education from class-VI (Prathma) to Post-Graduate (Acharya) level and it was affiliated to Sampurnanad Sanskrit University, Varanasi and started receiving financial grant from the State Government and the integrated system from School to Post Graduate level continued for almost 20 years, but later on, for regulating the system of Sanskrit Education and to maintain the standards of such institution, the U.P. Board of Secondary Sanskrit Education Ordinance, 2000, subsequently Uttar Prade
Employees appointed before the establishment of regulations under the Act 2000 are entitled to salary from the State Exchequer, as their appointments were valid under the Act.
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
(1) Payment of salary to teachers shall be made on the basis of seniority and subject of teaching has no relevance.(2) Review – Provision of review is not to scrutinize correctness of decision render....
The court reinforced that salaries must be paid to teachers based on regularized appointments, rejecting any arbitrary withholding by the State as per established constitutional rights, regardless of....
Teachers in Sanskrit Madhyamik Vidyalayas are entitled to pay-scales as per their educational classification following government reorganization and must receive salaries reflective of the 5th Pay Co....
The State is obligated to provide salaries to primary section teachers in recognized Sanskrit institutions as these sections are integral to educational obligations under constitutional mandates for ....
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
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