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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Bhodhanram Upadhyay – Appellant
Versus
State of U.P. – Respondent
| 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
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....
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 main legal point established in the judgment is the protection of vested rights and legitimate expectations of employees in relation to their approved pay scale, and the wrongful and arbitrary na....
The court established that the principle of equal pay for equal work does not apply rigidly when different qualifications and job responsibilities exist, and that the government has the discretion to....
The main legal point established in the judgment is that the petitioner was entitled to the revised pay scale for the post of Principal, DIET and the court directed the respondents to revise the pay ....
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