IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 5377 (S/S) of 2001 WPSS/9831/1990 Sri Devi Parasad Thapaliyal S/o Sri Sada Nand Thapliyal, Jyotishacharya, Sri Vishwanath Sanskrit Maha Vidyalaya Uttarakashi ---- Petitioner Versus 1. District Inspector of Schools, Uttarkashi 2. Managing Committee of Sri Vishwanath Sanskrit Mahavidyalaya, Uttarksahi ------ Respondents Hon’ble M.M. Ghildiyal, J. No one is present on behalf of the petitioner. By means of this writ petition, the petitioner has prayed for the following reliefs: 1. issue a writ of mandamus directing the respondent to pay same pay scale to the petitioner w.e.f. February, 1985, as was given from time to time to other Acharya (Lectures) in the Institution and also direct them to give pay to the petitioner as and when it becomes due. 2. issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 3. Award the cost of the petition to the petitioner. The stand of the petitioner is that he was appointed Acharya to teach Joytish subject on 08th July, 1980 by the Committee of Management of Sri Vishwanath Sanskrit Maha Vidyalaya, Uttarkashi. It was specifically state that the petitioner is being appointed on the consolidated salary of Rs. 120/- per month, which 2 is to be paid by the institution and as and when the post of Acharya is created by the State Government in the institution, the petitioner shall be entitled to get the pay scale of Rs. 300-510. It is alleged by the petitioner that thereafter the post of Acharya was created in the institution along with other institutions. The persons who were provided appointment in other institution, are being paid salary of Acharya in the pay scale of Rs. 300-510. However, the petitioner is still being paid consolidated salary of Rs. 120 per month. Counter affidavit has been filed by the respondents. In para 6 of the counter affidavit, it is specifically stated that no post of Jyotisacharay has been created by the Government. The petitioner has also not filed any document to prove that post of Acharya or Jyotishachraya has been created by the State Government in the Institution. In the absence of post of Acharya, the petitioner cannot claim salary to the post of Acharya. Writ petition lacks merit and is dismissed. (M.M. Ghildiyal, J.) 04.05. 2007 VKS 3