Pankaj Mithal JUDGMENT
Pankaj Mithal, J.
1. Heard Mr. Praveen Chaturvedi, learned Counsel for the Appellant and Mr. V.K. Shukla, Senior Counsel assisted by Ms. Parul Shukla, learned Counsel for the Respondents and perused the pleadings exchanged between the parties.
2. Leave granted.
3. Tripathi Ramroop Sanskrit Vidyalaya, Jogapur, Kaushambi in the State of Uttar Pradesh is a recognised institution imparting Sanskrit Education upto Uttar Madhyama, i.e., Class I to XII. It was granted permanent recognition on 22.02.1999. The Government of Uttar Pradesh decided to take Sanskrit Vidyalaya and Mahavidyalaya on Grant-in-Aid List. The criteria for taking institutions under the Grant-in-Aid List was laid down in G.O. dated 07.02.2014. The State Government vide its order dated 11.08.2015 notified the list of institutions which were taken in the Grant-in-Aid list of the Government, which included the above institution at Serial No. 47.
4. The State Government sanctioned five posts for payment of salary from the State Exchequer in respect of the above institution, one for the Headmaster and four for the Assistant Teachers.
5. The Principal Secretary, Government of Uttar Pradesh issued a Circular dated 01.01.2016 granting approval for the payment of salary to all the teachers of the institutions receiving Grant-in-Aid, who were actually working prior to taking the institution under the Grant-in-Aid list. Another Circular dated 18.03.2016 provided for the application of reservation policy. Since the said Circulars were affecting some of the teachers, one of them Satya Prakash Shukla filed Writ Petition No. 29784 of 2016 before the Lucknow Bench of the Allahabad High Court. The said Writ Petition was allowed vide order dated 21.12.2016 on the statement made by the Joint Secretary, Department of Secondary Education "that the payment of salary to the teachers shall be made on the basis of seniority of teachers as disclosed in the Manager's Return". Unfortunately, the Director Secondary Education ignoring the statement so made by the Joint Secretary before the High Court bifurcated the posts of Assistant Teachers vide order dated 28.03.2017 and directed that one Neeraj Kumar Mishra, who was almost five years junior to one Pancham Lal Pandey, to be paid salary. Accordingly, the aforesaid Pancham Lal Pandey preferred Writ Petition No. 19709 of 2017 challenging the order dated 28.03.2017 passed by the Director Secondary Education. The aforesaid writ petition upon hearing the parties was allowed vide judgment and order dated 15.04.2019 quashing the order dated 28.03.2017 with directions to the authorities to declare Pancham Lal Pandey entitled to payment of salary from the State Exchequer.
6. The aforesaid judgment and order of the High Court dated 15.04.2019 was assailed by Neeraj Kumar Mishra as well as State Government by separate Special Appeal Nos. 578 of 2019 and 767 of 2019. The Special Appeal No. 578 of 2019 of Neeraj Kumar Mishra was dismissed on 14.05.2019 and that filed by the State Government, i.e., Special Appeal No. 767 of 2019 was dismissed on 22.08.2019.
7. The aforesaid Neeraj Kumar Mishra preferred Special Leave Petition ........