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1993 Supreme(All) 46

M.KATJU
Ramesh Upadhya – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
R.G. Padia

Judgment

M. Katju, J.

1. This writ petition has been filed with a prayer for mandamus directing the respondents to pay salary to the petitioners in regular grade with effect from 1-10-1989 and to provide other consequential benefits to the petitioners. The petitioners are teachers of the primary section of Sri Alpeshwarnath Sanskrit Maha Vidyalaya, Janewar, Fatehganj, Jaunpur which is a recognised Sanskrit Institution imparting education for the primary section. Junior High School, Purva Madhyama (High School), Uttar Madhyama (Intermediate) and Shastri (B.A.) sections. The Maha Vidyalaya is thus Imparting education from Class 1 upto graduate level and it is a recognised institution affiliated to Sampurnand Sanskrit University, Varanasi. The teachers of the institution teaching in the Junior High School Section, High School, Intermediate and Bachelor of Arts Section are paid salary through State funds i.e. by the Slate Government. It is only teachers teaching in the primary section (such as the petitioners) who are not paid salary through State funds, and they are paid salary through the private resources of the institution. The institution is on the maintenance grant in aid list of t










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