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 Commission recommendations.

Headnote:(A) Government Orders - 07.01.1999 and 19.03.2010 - Writ proceedings concerning teachers of Sanskrit Madhyamik Vidyalaya regarding salary and pension entitlements under the revised pay-scales - Petitioners claim rightful emoluments pertaining to the 5th Pay Commission's recommendations post-reorganization of institutions. (Paras 1-67)

(B) Revision of Pay-scales - Teachers are entitled to salaries prescribed under the educational category corresponding to their roles post-reorganization, and the assignment of grades in pay-scales must reflect the correct categorization as per government directives. (Paras 60-67)

Facts of the case:
The petitioners are teachers at a Sanskrit Madhyamik Vidyalaya claiming entitlements to salary of Rs.5500-9000/- with a grade pay of Rs.4600/- and additional promotion scales under the Government Orders issued post-1999 reorganization of Sanskrit education institutions.

Findings of Court:
The court held that the Finance Controller's denial to pay prescribed emoluments was illegal. Orders set aside, and salaries restored to those entitled per applicable Government Orders.

Issues: Determination of salary and pension entitlements as per Government Orders post-institutional reorganization.

Ratio Decidendi: The court concluded that the pay-scales are directly linked to the revised categorization of Sanskrit institutions, and any deviation from this framework, including reliance on outdated classification, is unlawful.

Result: Both writ petitions allowed, restoring previously prescribed salaries and pensions with arrears.

Table of Content
1. classification of sanskrit institutions based on teaching levels (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16)
2. entitlement of teachers to revised pay-scales (Para 21 , 22 , 23 , 24 , 25 , 27 , 28 , 29 , 30)
3. legal analysis of pay-scales and government orders (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 52 , 53 , 54 , 55 , 56)
4. conclusion restoring salaries and pension as per government orders (Para 60 , 61 , 66 , 67)
5. court's directive for compliance and costs (Para 68 , 69)

JUDGMENT :

J.J. MUNIR, J.

1. This judgment will decide the present writ petition and connected Writ-A No. 2366 of 2016, where the petitioners, Bodhanram Upadhyay and Bhagwat Prasad Pandey, are common to both of them. Writ-A No.38906 of 2011 has been preferred by six writ petitioners on the basis of a common cause of action, whereas the connected writ petition has been preferred by the two petitioners, who are the first and the fifth petitioners in Writ-A No.38906 of 2011. Writ-A No.38906 of 2011 involves the question of the petitioners’ entitlement to salary carrying the grade pay of Rs.5400/- all teachers employed with Shri Dharma Sanskrit Madhyamik Vidyalaya, Saraiyan, District Chitrakoot. The connected writ petition involves the entitlement of the petitioners to receive pension, worked out on the basis of salary carrying the grade pay of Rs.5400/-. Writ-A No.38096 of 2011 has been heard as the leading case. Wherever facts, differential and specific to the case of the petitioners in the connected writ petition are necessary to notice, those would be mentioned. Else, facts would be noticed from the leading writ petition, common questions of facts and law being involved.

2. The petitioners, who are six in number, are or were (in case of retirement) teachers, employed in the Shri Dharma Sanskrit Madhyamik Vidyalaya, Saraiyan, District Chitrakoot, for short, ‘the Institution’. All the petitioners are teachers employed with the Institution, which is a Sanskrit Madhyamik Vidyalaya, imparting instructions to students, reading for their Purva Madhyama or Uttar Madhyama certificates.

3. It is not in dispute, what the petitioners assert, that prior to the current re-organization of Sanskrit institutions and colleges, vis-a-vis their institutional levels of teaching courses and affiliating bodies, done vide Government Order dated 07.01.1999, a Government Order dated 14.10.1974 prescribed the entire organization of Sanskrit institutions to impart instructions at various levels of courses and other related matters. The Government Order dated 14.10.1974 did not classify institutions teaching Sanskrit according to the levels of education imparted or the courses taught there. Under the system, that was enforced vide Government Order dated 14.10.1974, or may be continued under it, all Sanskrit institutions could impart education right from the Prathama or the Primary level to one that would lead to the Acharya or the postgraduate degree. The classification of institutions under the G.O. dated 14.10.1974 was very different. It classified all these institutions into four categories, to wit, first, second, third and the fourth category, called in the G.O. as 'Ka', 'Kha', 'Ga' and 'Gha' in that order.

4. The category of a Sanskrit institution, which could impart instructions of any level, was dependent upon the total number of enrolled students, those participating in different levels of examinations and the total percentage of students, passing the courses, where they wrote examinations. According to the Government Order dated 14.10.1974, the first category of Sanskrit institutions, or the 'Ka' category, was one where there was a minimum enrollment of 40 scholars and of them, every year 15 sat for the Shastri and the Acharya examinations. The further requirement was that an institution to be there in the 'Ka' category, apart from matters mentioned before, it had to have a result of35%.

5. In the 'Kha' or th