Madhya Pradesh High Court
Kamlesh Kumar Dubey vs The State Of Madhya Pradesh on 19 June, 2014
Writ Petition No.9384/2014
19.06.2014
Shri Y. Dwivedi, learned counsel for petitioner.
Ms.V.Shrivastava, Panel Lawyer for the respondents-State.
It is contended on behalf of State Government that the issue raised in this petition has been decided by the Supreme Court in a case forming subject matter of Civil Appeal No.6362/2004 (State of M.P. and another vs. Sharique and others) and connected civil appeals decided on 7.1.2014 wherein it has been held :
"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."
In view whereof, the present petition is disposed of with a liberty to the petitioner to file a fresh representation before the concerned Authority in the light of the decision by the Supreme Court in Civil Appeal No.6362/2004 (supra).
On such representation being filed by the petitioner, Authority concerned is directed to dwell upon the same objectively and if found entitled to, settle the claim within a period of three months, as per direction in Civil Appeal No.6362/2004 (supra).
Petition is finally disposed of in above terms. No costs.
(SANJAY YADAV) JUDGE anand