Madhya Pradesh High Court
Braj Vihari Singh Chauhan vs The State Of Madhya Pradesh on 6 May, 2019
1
Writ Petition No.9129/2019
THE HIGH COURT OF MADHYA PRADESH
WP-9129-2019
[Braj Vihari Singh Chauhan vs. State of M.P. & Ors.]
Gwalior, Dated 06.05.2019
Shri D.K. Agrawal, leaned counsel for the Petitioners.
Shri Pratip Visoriya, learned Government Advocate for the
respondents/State.
Heard on admission.
Petitioner No.1 in late 60's and the other, a septuagenarian, retired Upper Division Teachers, having retired from the private Government aided school, have filed this Writ Petition, seeking direction for the respondents for payment of 4th and 5th installments of the arrears of 6th Pay Commission and the benefits thereunder with interest @ 6% per annum.
The relief is being sought on the anvil of the decision by the Supreme Court in Civil Appeal No.6362/2004 (State of M.P. & Ors. vs. Sharique Ali & Ors.) decided on 07/01/2014 and the order dated 15/01/2015 in Contempt Petition No.359/2014.
In Civil Appeal No.6362/2004, following order came to be passed:
"3. Today learned senior counsel, Shri Tankha has filed an affidavit on behalf of the State of Madhya Pradesh. In the said affidavit they have pleaded their inability to extend the 6th Pay Commission Scales to the Teachers/Lecturers/non-teaching staff working in private aided educational institutions in the State of Madhya Pradesh though their appointment is approved by the 2 Writ Petition No.9129/2019 State Government.
4. After hearing Shri Tankha, Shri Shanti Bhushan and Dr. Rajeev Dhawan and other learned counsel appearing for the parties, we are of the opinion that the request of Shri Shanti Bhushan for extending the 6th Pay commission scales to the Teachers/Lecturers/non- teaching staff working in the private aided educational institutions should be accepted and granted. We are also of the view that whatever amount that is being paid pursuant to the orders passed by this court on 12.12.2013 and 07.01.2014 shall not be recovered from the Teachers/Lecturers/Non-Teaching staff working in the private aided educational institutions.
5. Accordingly, while setting aside the judgment and order passed by the High Court, we direct that the 6th Pay commission scales shall be given to the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh. We further direct that the amount that is already paid pursuant to the orders passed by this Court on 12.12.2013 and 07.01.2014 shall not be recovered from the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh.
6. It is clarified that the Madhya Pradesh Ashaskiya Ahikshan Sanstha Adhiniyam, 1978, as amended by Madhya Pradesh Ashaskiya Shikshan Sanstha(Adhyapakon Tatha Anya Karmcharyon Ke Vetno Ka Sandaya) Sanshodhan Adhiniyam, 2000 (for short "the Amended Act") shall not be made applicable to the respondents and other similarly situated persons."
That the recommendations of 6th Pay Commission were implemented by the State Government vide Notification No.F-2- 2008-Niyam-4 dated 10th September, 2008 published in Madhya Pradesh Gazette (extraordinary) and was made effective from 01/01/2006. The Notification is reproduced below for ready reference:
^^foÙk foHkkx ea=ky;] oYyHk Hkou] Hkksiky 3 Writ Petition No.9129/2019 ladYi Hkksiky] fnukad 10 flrEcj 2008 Ø- ,Q 2&2008 fu;e pkj] jkT; 'kklu ds deZpkfj;ksa ds fy;s osruekuksa dk iqujh{k.k djus ds laca/k esa fuEukuqlkj fu.kZ; fy;k gS %& 1- Hkkjr ljdkj us vius ladYi Øekad 05-02-2006 E-III(A) fnukad 5 vDVwcj 2006 }kjk NBosa dsUæh; osru vk;ksx dk xBu fd;k Fkk] NBosa osru vk;ksx us fnukad 24 ekpZ] 2008 dks viuk çfrosnu dsUæ ljdkj dks çLrqr fd;k- bl çfrosnu ij dsUæh; eaf=e.My }kjk fopkjksijkar NBosa osru vk;ksx dh ;Fkkla'kksf/kr vuq'kalkvksa dks ykxw djus laca/kh vf/klwpuk Øekad lk-dk-fu- 622¼v½] fnukad 29 vxLr] 2008 dks tkjh dh-
jkT; ljdkj }kjk Hkkjr 'kklu }kjk mi;qZä vf/klwfpr NBosa dsUæh; osru vk;ksx dh vuq'kalkvksa dks jkT; 'kklu ds deZpkfj;ksa ds fy, ykxw djus dk fu.kZ; fy;k x;k gS- jkT; ds isa'kujksa dks Hkh NBosa osru vk;ksx dh vuq'kalkvksa dk ykHk nsus dk fu.kZ; fy;k x;k gS] u;s osruekuksa esa osru fu/kkZj.k djus esa yxus okys LokHkkfod le; ds iwoZ gh jkT; ds deZpkfj;ksa dks] osru iqujh{k.k dk ykHk uxn miyC/k djkus ds mís'; ls] fnukad 1 flrEcj] 2008 ls ewy osru rFkk eagxkbZ osru dh 20 çfr'kr jkf'k varfje jkgr ds :i esa nh tk;sxh- jkT; ds isa'kujksa dks Hkh 10 çfr'kr jkf'k varfje jkgr ds :i esa nh tk;sxh- 4- fnukad 1 tuojh] 2006 ls 31 vxLr] 2008 rd dh vof/k ds cdk;k dk Hkqxrku jkT; ds deZpkfj;ksa@isa'kujksa dks ns; gksxk-
vkns'k vkns'k fn;k tkrk gS fd ladYi dks e/;çns'k jkT; ds ^^vlk/kkj.k jkti=^^ esa çdkf'kr fd;k tk;-
vkns'k fn;k tkrk gS fd ladYi dh ,d çfr e/;çns'k jkT; ds foHkkxksa rFkk loZlacaf/krksa dks Hksth tk;-** e/;çns'k ds jkT;iky ds uke ls rFkk vkns'kkuqlkj] v'kksd nkl] çeq[k lfpo** In view of the order passed on 7th June, 2014 by the Supreme Court, the respondents are under an obligation to consider the claim of the petitioners for grant of arrears for fixation of pay/pension under 6th Pay Commission.
Petition is accordingly disposed of.
On petitioner furnishing the copy of this order along-with the copy of petition and documents filed therein to the Competent Authority, the Authorities concerned are directed to decide and 4 Writ Petition No.9129/2019 settle the claim within a period of three months.
Petition is disposed of finally in above terms. No costs.
(Sanjay Yadav) Judge pwn* PAWAN Digitally signed by PAWAN KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, KUMAR
2.5.4.20=baa18e83a2af7a1611e0bb9811a10869c 6907cfbb375a7a236a25ad39f3a2027, cn=PAWAN KUMAR Date: 2019.05.10 12:06:39 +05'30'