Court No.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 5060 of 2001 (Old No. 7085 of 1997) Satya Singh Rawat …………….. Petitioner Versus State of U.P. through Secretary (Education), Lucknow and others. …………. Respondents. …………………. Sri Rajendra Dobhal, learned counsel for the petitioner. Sri H.M.Raturi, learned Standing Counsel for the State/respondent Nos. 1 to 4. Sri Sandeep Kothari Advocate holding brief of Sri Rajendra Kotiyal, learned counsel for the respondent No.5. Date: Aug. 26,2008. Hon’ble P.C.Verma,J. By means of this petition the petitioner has prayed for writ of mandamus commanding the respondents to ensure payment of salary to him month to month. 2. The petitioner was appointed as Assistant Teacher in Janata Jai Bharat Junior High School, the institution run by respondent No.5, which was not in grant in aid scheme. After the institution was brought in grant in aid scheme, he was being paid regular salary of the post of Assistant Teacher. The institution has been upgraded thereafter and the petitioner is now teaching in higher classes and claimed salary for the higher classes. 3. Since for the higher classes the institution has not taken under grant in aid scheme, therefore, no salary 2 can be paid to the petitioner for teaching in higher classes. However, the petitioner shall be paid salary month to month for the post of Assistant Teacher, Junior High School which he was receiving prior to upgradation of the institution to high school level. 4. With the aforesaid observation, the writ petition is disposed of finally. No order as to costs. (P.C.Verma,J.) 26.08.2008 P.Singh