IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief App. No. 12485 of 2006 IN Writ Petition No. 1446 of 2006 (S/S) 1. Pradeshik Sanskrit Vidhyalayadhyapak Samiti (Uttaranchal) Office Sanskrit Jyotish Mahavidyalaya Sathiyana Post Thala Baid Chomali through Sri Sureshanand Gour. 2. Shri Tara Datt Kandpal S/o Sri Jai Datt Kandpal President Pradeshik Sanskrit Vidhyalaydhyapak Samiti (Uttaranchal) Presently posted as Principal Sri Ram Sanskrit Mahavidhyalaya, Tallital, Nainital Uttaranchal. ….....Petitioners. Versus 1. State of Uttaranchal through Secretary, Education Government of Uttaranchal Secretariat, Dehradun, Uttaranchal. 2. Director, Education Directorate Government of Uttaranchal Dehradun. .……….Respondents. Shri Sudhanshu Dhulia, Sr. Advocate, assisted by Shri Sanjay Bhatt, learned counsel for the petitioners. Shri N.P. Sah, learned Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioners. 2. By means of this writ petition, the petitioners have sought writ in the nature of mandamus commanding the respondents to modify the Government Order dated 05.07.2006 so that benefit of pay scales of 5th pay 2 commission be made applicable to the petitioners w.e.f. 01.01.1996 (instead of 01.07.2001). Further mandamus has been sought for giving benefit of selection grade, promotional pay scale etc. 3. Brief facts of the case are that the petitioner No. 1 is a Society of Teachers of aided Sanskrit colleges/degree colleges of State of Uttarakhand and petitioner No. 2 is President of said society. It is stated in the writ petition that various Sanskrit colleges running in the State of Uttarakhand, which are under grant in aid, are granting degrees of following nature:- 1. Shastri 2. Aacharya It is further stated that these colleges were earlier run under Sanpurna Nand Sanskrit Vishwavidhyalaya, Banaras. And now they are running under Sanskrit Vishwavidhyalaya, Haridwar. In para-8 of the writ petition, it is stated that petitioners are getting same pay scale, as applicable to the Teachers of the Aided Intermediate colleges. It is alleged that the services of the teachers of Sanskrit colleges are governed by U.P. Intermediate Education Act, 1921. It is further stated that out of 87 Sanskrit colleges running in Uttarakhand, 57 colleges are grant in aid. Recommendation of 5th pay commission, were made applicable to the Intermediate colleges of grant in aid other than Sanskrit colleges and their teachers were given pay scale recommended by Pay Commission to the Government colleges w.e.f. 01.01.1996. But Sanskrit colleges were not included in G.O. dated 20.12.2001. On this, the 3 petitioners made representation and finally vide Government Order dated 04.10.2005, the pay scale, recommended by Fifth Pay Commission were made applicable but w.e.f. 04.10.2005 only. This, according to the petitioners, deprived the teachers of aided Sanskrit colleges of their arrears for the period between 01.01.1996 to 26.05.2004. Apart from this, the teachers of the petitioner colleges are not being given selection grade and the promotional pay scale, which are being given to other aided colleges of the State. Hence this writ petition. 5. In the counter affidavit, filed on behalf of respondent No. 2, it is stated that non Government Sanskrit College teachers cannot be given pay scale as their services are not governed under U.P. Intermediate Education Act, 1921 and Uttarakhand School Education Act, 2006, rather their services are covered by Sampurna Nand Sanskrit Vishwavidhyalaya, Varanasi. It is further stated that provisions of Uttarakhand School Education Act, 2006, are also not applicable to the teachers of the petitioners’ society. It is only after the pay scales recommended by the Fifth Pay Commission, were made applicable to the Sanskrit teachers in the State of U.P., the Government Order dated 27.05.2004, issued by Government of U.P., was adopted by the State Government of Uttarakhand vide G.O. dated 04.10.2005. 6. Learned counsel for the petitioners argued that on one hand the respondents have granted the pay scales to 4 the teachers of the Sanskrit colleges, which were being paid to the teachers of the other private aided colleges, covered under U.P. Intermediate Education Act, 1921, w.e.f. 27.05.2004, on the other hand for payment of same pay scales for the period 01.01.1996 and 27.05.2004, the respondents are taking the plea that the petitioners cannot be equated with the other teachers of the private aided colleges. Learned counsel for the petitioners drew attention of this Court to the representation dated 04.08.2006 to respondent No. 1 on which Government has not taken any decision there on. 7. In the circumstances, learned counsel for parties agree that writ petition may be disposed of directing the Government to decide the representation. Having heard learned counsel for the parties, and after going through the affidavit, counter affidavit, rejoinder affidavit, and the annexures filed therewith, in the above circumstances, this Court feels that respondent No. 1, should be directed to decide the representation dated 04.08.2006, made by the petitioners within certain period. Therefore, the writ petition is disposed of with the direction that respondent No. 1 shall decide the representation dated 04.08.2006 (copy annexure-3 to the writ petition), made by the petitioners within a period of three months from the date of certified copy of this order is produced before such authority. (Interim Relief Application No. 12485 of 2006, stands disposed of). (Prafulla C. Pant, J.) Dt. 01.07.2008 Sweta 5 6