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 the State Exchequer.

4. It is contended that the primary institution, attached to the Sanskrit Mahavidyalaya was duly recognized by the District Basic Education Officer, Gorakhpur vide letter dated 10.01.1973 and permission to run the primary classes (Classes I to V) was duly accorded by the Sampurnanand Sanskrit University. Both the letters of recognition and permission to run the classes are appended as Annexure no. 1' & 2' to the writ petition. It is contended that the Government order was issued in the year 1989 providing for payment of salary to the attached primary section of the Intermediate College but the teachers working in the Sanskrit institutions recognized and affiliated from Junior High School to the Post Graduate level were not being paid salary from the State exchequer. Pleading protection of doctrine of equality under Article 14 of the Constitution, few teachers of the primary section of a Sanskrit University approached this Court in "Ramesh Upadhya" (Supra). This Court had issued directions to the State-respondents to pay salary to the primary section teachers in the Sanskrit institution in the same line as has been done in the case of primary sections/institution attached to the High School and Intermediate Colleges. The primary teachers were also held entitled to other consequential benefits like Group Insurance, General Provident fund, retiral benefits etc. as was being paid to the primary section teachers in the High School and Intermediate colleges. Submission is that only requirement was that the secondary or degree college/institution must be affiliated with the Sampurnanand Sanskrit University and the primary section should be attached to the parent institution, which is aided and recognized. It is contended that the primary section of the institution-in-question is having the same status as that of the institution in "Ramesh Upadhya" (supra), the teachers working therein are, therefore, entitled to the same relief.

5. The petitioners claim to have been appointed in the year 1971-77, 1980-89 on different dates in the institution in question for teaching primary classes (class I to V). The submission is that they are entitled to salary and other allowances being teachers working in a recognized primary institution. Aggrieved by non-consideration of their claim, the petitioners filed a Writ Petition No. 24514 of 2009 which was disposed of with the direction to consider their prayer and pass appropriate order. The Deputy Director (Sanskrit) for the Director of Education, U.P. Allahabad had passed the order dated 21.08.2009 rejecting their representation and hence this writ petition.

6. Learned counsel for the petitioner vehemently urged that with the permission being granted to the institution-in-question to run primary classes (