Madhya Pradesh High Court
Rajendra Thakre vs The State Of Madhya Pradesh on 18 March, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 18 th OF MARCH, 2024
WRIT PETITION No. 6750 of 2024
BETWEEN:-
1. RAJENDRA THAKRE S/O SHRI DAGDU JI THAKRE,
AGED ABOUT 61 YEARS, OCCUPATION: RETIRED
R/O CM 159 SUKHLIYA INDORE (MADHYA
PRADESH)
2. MR. RAJKUMAR S/O SHRI SUGHAD SINGH, AGED
ABOUT 62 YEARS, OCCUPATION: RETIRED 38,
ANUDESHAK NAGAR, SUKHLIYA, INDORE
(MADHYA PRADESH)
3. MR. RAMKUMAR SHARMA S/O MR. NATTHI
PRASAD SHARMA, AGED ABOUT 68 YEARS,
OCCUPATION: RETIRED A-L60, LIG SUKHLIYA,
INDORE (MADHYA PRADESH)
4. SMT. HEMLATA DIXIT W/O MR. RAVINDRA
DIXIT, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED D-82, SCHEME NO. 51, INDORE
(MADHYA PRADESH)
5. MR. YOGESH RAWAT (DECEASED) THROUGH
SMT. SANDHYA W/O LATE MR. YOGESH RAWAT,
AGED ABOUT 65 YEARS, OCCUPATION:
HOUSEWIFE 45, MISHRA NAGAR, INDORE
(MADHYA PRADESH)
6. MR. RAKESH SHARMA S/O MR. RAM JI LAL
SHARMA, AGED ABOUT 60 YEARS, OCCUPATION:
RETIRED CHOKSE KI BUILDING 324 SHYAM
NAGAR, INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NIKHIL SHARMA-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY DEPARTMENT OF SOCIAL JUSTICE
Signature Not Verified
Signed by: PRAVEEN
Signing time: 19-03-
2024 09:13:04
2
AND DISABLED WELFARE VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER SOCIAL JUSTICE AND
DISABILITY WELFARE DEPARTMENT PATRAKAR
COLONY, KLINK ROAD-3, BHOPAL (MADHYA
PRADESH)
3. JOINT DIRECTOR DEPARTMENT OF SOCIAL
JUSTICE AND DISABLED WELFARE INDORE
(MADHYA PRADESH)
4. SECRETARY WELFARE ASSOCIATION FOR THE
D I S A B L E D CHANDRAGUPT SQUARE, MR-10,
SECTOR-C SUKHLIYA INDORE (MADHYA
PRADESH)
5. NATIONAL ASSOCIATION FOR THE BLIND
THROUGH SECRETARY BRAILLE PRESS
BHAWAN, SCHEME NO. 54 A.B. ROAD, BEHIND
SATYA SAI VIHAR SCHOOL, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
( BY SHRI DEVDEEP SINGH- GOVERNMENT ADVOCATE)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
The issue involved in this Writ Petition has already been considered by this Court in Writ Petition No.4098 of 2024 (Smt.Nisha Kulkarni and others Vs. State of M.P. and others) decided on 28.02.2024. The order dated 28.02.2024 is reproduced below:-
''1. By this petition the petitioners have prayed for the following reliefs :-
(i) To, issue a writ in the nature of Mandamus to Respondents to grant/extend the benefit of "Sixth Pay Commission" with arrears from date 01/01/2006 to the Petitioners.
(ii) To, allow the instant Writ Petition filed by the petitioners by issuing appropriate writ, order or Signature Not Verified Signed by: PRAVEEN Signing time: 19-03- 2024 09:13:04 3 directions to the Respondents to pay arrears of pay to the Petitioners in accordance with the 6th pay commission with effect from 01/01/2006.
(iii) Any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the Petitioners, in the Interest of Justice.
2. Learned counsel for the petitioners has submitted that the Indore Bench of this High Court in the case of Rajesh Sharma & others vs Tribal Welfare and Development Department & others in W.P. No.7563/2015 and connected W.P. No.1912/2016 decided on 07.01.2019 has held that the employees of non-Government aided institutions shall be entitled to claim the benefit of VIth Pay Commission w.e.f. 01.01.2006 along with all arrears. The counsel has also relied upon the order of Gwalior Bench of this High Court in the case of Sardar Singh Vs. The State of Madhya Pradesh in W.P. No.2937/2017 decided on 18.03.2019 wherein the respondents were directed to extend benefits to the petitioners therein in line with recommendations of 5th and 6th central pay commission recommendations w.e.f. 01.01.1996 and 01.01.2006 respectively along with arrears. 3 . Learned counsel for the respondents/State has conceded that the orders passed by the Indore & Gwalior Bench of this High Court in the aforesaid writ petitions squarely cover the issue involved in this petition. In the aforesaid orders, a reference is also made to an order dated 01.01.2014 passed by the Apex Court in Civil Appeal No.6362/2004 in the case of State of M.P. and another vs. Sharique A. Ali and others, the relevant para 5 of the same reads as under:
" 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 Signature Not Verified Signed by: PRAVEEN Signing time: 19-03- 2024 09:13:04 4 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."
4 . Thus in the light of the aforesaid discussion, since the orders passed by the Indore & Gwalior Bench of this High Court have not been challenged by the State Government in the appeal, the same have attained the finality and as such the case of the petitioner association is also covered by the dictum of this Court as also the order passed by the Apex Court in the case of Sharique A. Ali (supra). 5 . Accordingly, the impugned order dated 01.09.2017 is hereby quashed and it is directed that the benefit of VIth Pay Commission shall also be extended to the members of the petitioner association w.e.f. 01.01.2006 along with all the arrears. The aforesaid exercise shall be completed within four months from the date of receipt of certified copy of this order.
6. With the aforesaid directions, the writ petition stands allowed.''
02. In view of the above, present Writ Petition is also allowed. The order passed in Smt. Nisha Kulkarni and others (supra) shall apply mutatis mutandis to the present cases also.
c.c. as per rules.
(VIVEK RUSIA) JUDGE Praveen Signature Not Verified Signed by: PRAVEEN Signing time: 19-03- 2024 09:13:04