Markandey Mani v. State of U.P. Thru Secy. Ors., wherein, a general Mandamus has been issued

3. Learned counsel for the petitioners has submitted that the respondent authorities have rejected the claim of the petitioners only on the ground that the teachers working in primary school are not entitled for benefits like Group Insurance, GPF and other retiral dues. Learned counsel for the petitioner has further submitted that issue was extensively covered by this Court in the Writ-A No.9218 of 2013 (Markandey Mani v. State of U.P. Thru Secy. & Ors., wherein, a general Mandamus has been issued with following directions:- "Conclusions:

30. The discussion made above are briefly summarised as under:- (i) The impugned order dated 01.12.2012 passed by the Joint Director of Education, 7th Division, Gorakhpur is arbitrary and illegal and is, therefore, quashed. (ii) General mandamus issued in the case of Ramesh Upadhyay (supra) as reproduced in para 13 above for payment of salary to Primary Section teachers and all consequential benefits like group Insurance, G.P.F., retirement benefits etc., shall be extended to them as are made available to primary section teachers attached to High School and Intermediate Colleges. Accordingly all post retirement benefits including pension, if not paid so far, shall be paid to the petitioner. (iii) As stated in Unni Krishnan J.P. Vs. State of A.P. (1993) 1 SCC 645, education is a preparation of living and for life here and hereafter. It is a social and political necessity. Peace is preserved, progress is achieved, civilisation is built up and history is made, in educational institutions which are seed-beds of culture. Teaching in primary and secondary schools is the foundation which broaden the mind by exposing the learner to the world of thoughts and reflection. (iv) Denial of pension to teachers of primary section attached to recognised Sanskrit Institution is not only discriminatory but also discouragement to the learning of Sanskrit and grave threat to the "embodiment of Indian culture, civilisation and binding force" and "cultural, philosophical, artistic and scientific heritage and cultural unity of India". (v) The word "Sanskrit" means "prepared, pure, refined or perfect". It is called 'Devavani". It was the language of our philosophers, scientists, mathematicians, poets, playwrights, grammarians, jurists etc. Opinion about 'Sanskrit' language expressed by great scholars of the world leads to an irresistible conclusion that 'Sanskrit' is world's greatest language having unrivalled richness, purity and perfection. It stands supreme amongst grammars of the world. It is the origin of modern languages of Europe. It deserves first place amongst the tongues of the Indo-European family. The arrangements of consonants in Sanskrit is the Unique example of human genius. It is the language of every man to whatever race he may belong. It is grandest, greatest and revered grandmother of languages of the world. No body can get away from Sanskrit in India. It has played unique, great and noble role in our culture, civilization and to keep people of our country united from thousands and thousands years. In Sanskrit our Vedas, Purans, Upnishads and Geeta have been written. Great Scholars, whose work are guiding force for the entire human beings; like Kalidas, Bhavbuti, Banbhatta and Dandi wrote their classics in Sanskrit language. Aadi Guru Shankaracharya, Ramanuja, Madhavacharya, Nimbark and Vallabhacharya and several others have woven the fabric of Indian culture in Sanskrit language as a medium of expressing their thoughts. As per report of Sanskrit Commission (set up by Government of India) submitted in the year 1957 (Reference Page 71, 73 and 74), "Sanskrit is one of the greatest languages of the world. It is a classical language par excellence not only of India but of a good part of Asia as well. Indian people and Indian civilisation were born, so as to say, in the lap of Sanskrit and it went hand in hand with the historical development of the Indian people, and gave the noblest expression to their mind and culture which has come down to our day as an inheritance of priceless order for India, nay, for the entire world". The report further states "great mental and spiritual link" of Sanskrit and of it being the elder sister of Greek and Latin, and cousin of English, French and Russian. Sanskrit is the "embodiment of Indian culture and civilisation". It is the binding force for the different people of our great country. Without the learning of Sanskrit it is not possible to decipher the Indian Philosophy on which our culture and heritage are based. It is inextricably with the life, rituals, ceremonies and festivals of the people of our country. It is a window to the rich cultural, philosophical, artistic and scientific heritage of India, that is Bharat. Its contribution to the cultural unity of our country is unique. (vi) If regulations in terms of Section 26 of the Act 2000 have not been framed so far then the State-Government shall consider to frame Regulations expeditiously, preferably within six months.

31. In view of the above discussion, the impugned order dated 1.12.2012 can not be sustained being arbitrary and illegal. Hence it is quashed. A mandamus is issued to the State respondents to pay all post retirement benefits to the petitioner including pension, if not paid so far, expeditiously, preferably within three months from the date of presentation of a certified copy of this order. The writ petition is allowed."

4. Learned counsel for the petitioner has submitted that as the directions were issued in the aforesaid writ petition pertaining to the very same institution and were specifically stated that petitioners got entitled of a consequential benefits like primary school teachers or entitled for consequential Group Insurance, GPF and retiral benefits etc., the same shall be extended to teachers working in primary section attached to the high school and intermediate colleges.

5. In view of the said general directions, the petitioners are also entitled to the same benefits.

6. Learned Standing Counsel has also considered that the issue was already decided by this Court in the aforesaid judgment.

7. Considering the submissions and order passed by this Court, impugned order dated 29.04.2017 is set aside and the matter is remanded to respondent no.2 to pay all post retiral benefits to the petitioners including pension and other benefits within a period of 2 months from the date of production of certified copy of this order.

8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 6.5.2025 S.A. (Donadi Ramesh,J.) SALMAN AHMAD High Court of Judicature at Allahabad

3. Learned counsel for the petitioners has submitted that the respondent authorities have rejected the claim of the petitioners only on the ground that the teachers working in primary school are not entitled for benefits like Group Insurance, GPF and other retiral dues. Learned counsel for the petitioner has further submitted that issue was extensively covered by this Court in the Writ-A No.9218 of 2013 (Markandey Mani v. State of U.P. Thru Secy. & Ors., wherein, a general Mandamus has been issued with following directions:- "Conclusions:

30. The discussion made above are briefly summarised as under:- (i) The impugned order dated 01.12.2012 passed by the Joint Director of Education, 7th Division, Gorakhpur is arbitrary and illegal and is, therefore, quashed. (ii) General mandamus issued in the case of Ramesh Upadhyay (supra) as reproduced in para 13 above for payment of salary to Primary Section teachers and all consequential benefits like group Insurance, G.P.F., retirement benefits etc., shall be extended to them as are made available to primary section teachers attached to High School and Intermediate Colleges. Accordingly all post retirement benefits including pension, if not paid so far, shall be paid to the petitioner. (iii) As stated in Unni Krishnan J.P. Vs. State of A.P. (1993) 1 SCC 645, education is a preparation of living and for life here and hereafter. It is a social and political necessity. Peace is preserved, progress is achieved, civilisation is built up and history is made, in educational institutions which are seed-beds of culture. Teaching in primary and secondary schools is the foundation which broaden the mind by exposing the learner to the world of thoughts and reflection. (iv) Denial of pension to teachers of primary section attached to recognised Sanskrit Institution is not only discriminatory but also discouragement to the learning of Sanskrit and grave threat to the "embodiment of Indian culture, civilisation and binding force" and "cultural, philosophical, artistic and scientific heritage and cultural unity of India". (v) The word "Sanskrit" means "prepared, pure, refined or perfect". It is called 'Devavani". It was the language of our philosophers, scientists, mathematicians, poets, playwrights, grammarians, jurists etc. Opinion about 'Sanskrit' language expressed by great scholars of the world leads to an irresistible conclusion that 'Sanskrit' is world's greatest language having unrivalled richness, purity and perfection. It stands supreme amongst grammars of the world. It is the origin of modern languages of Europe. It deserves first place amongst the tongues of the Indo-European family. The arrangements of consonants in Sanskrit is the Unique example of human genius. It is the language of every man to whatever race he may belong. It is grandest, greatest and revered grandmother of languages of the world. No body can get away from Sanskrit in India. It has played unique, great and noble role in our culture, civilization and to keep people of our country united from thousands and thousands years. In Sanskrit our Vedas, Purans, Upnishads and Geeta have been written. Great Scholars, whose work are guiding force for the entire human beings; like Kalidas, Bhavbuti, Banbhatta and Dandi wrote their classics in Sanskrit language. Aadi Guru Shankaracharya, Ramanuja, Madhavacharya, Nimbark and Vallabhacharya and several others have woven the fabric of Indian culture in Sanskrit language as a medium of expressing their thoughts. As per report of Sanskrit Commission (set up by Government of India) submitted in the year 1957 (Reference Page 71, 73 and 74), "Sanskrit is one of the greatest languages of the world. It is a classical language par excellence not only of India but of a good part of Asia as well. Indian people and Indian civilisation were born, so as to say, in the lap of Sanskrit and it went hand in hand with the historical development of the Indian people, and gave the noblest expression to their mind and culture which has come down to our day as an inheritance of priceless order for India, nay, for the entire world". The report further states "great mental and spiritual link" of Sanskrit and of it being the elder sister of Greek and Latin, and cousin of English, French and Russian. Sanskrit is the "embodiment of Indian culture and civilisation". It is the binding force for the different people of our great country. Without the learning of Sanskrit it is not possible to decipher the Indian Philosophy on which our culture and heritage are based. It is inextricably with the life, rituals, ceremonies and festivals of the people of our country. It is a window to the rich cultural, philosophical, artistic and scientific heritage of India, that is Bharat. Its contribution to the cultural unity of our country is unique. (vi) If regulations in terms of Section 26 of the Act 2000 have not been framed so far then the State-Government shall consider to frame Regulations expeditiously, preferably within six months.

31. In view of the above discussion, the impugned order dated 1.12.2012 can not be sustained being arbitrary and illegal. Hence it is quashed. A mandamus is issued to the State respondents to pay all post retirement benefits to the petitioner including pension, if not paid so far, expeditiously, preferably within three months from the date of presentation of a certified copy of this order. The writ petition is allowed."

4. Learned counsel for the petitioner has submitted that as the directions were issued in the aforesaid writ petition pertaining to the very same institution and were specifically stated that petitioners got entitled of a consequential benefits like primary school teachers or entitled for consequential Group Insurance, GPF and retiral benefits etc., the same shall be extended to teachers working in primary section attached to the high school and intermediate colleges.

5. In view of the said general directions, the petitioners are also entitled to the same benefits.

6. Learned Standing Counsel has also considered that the issue was already decided by this Court in the aforesaid judgment.

7. Considering the submissions and order passed by this Court, impugned order dated 29.04.2017 is set aside and the matter is remanded to respondent no.2 to pay all post retiral benefits to the petitioners including pension and other benefits within a period of 2 months from the date of production of certified copy of this order.

8. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 6.5.2025 S.A. (Donadi Ramesh,J.) SALMAN AHMAD High Court of Judicature at Allahabad