Supreme Court - Daily Orders
State Of M.P. vs Sharique A. Ali . on 7 January, 2014
й
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6362 of 2004
|State of M.P. & Anr. |.. Appellant(s) |
Versus
|Sharique A. Ali & Ors. |.. Respondent(s) |
With
Civil Appeal NO. 6637 of 2004
Civil Appeal NO. 6400 of 2004
Civil Appeal NO. 6402 of 2004
Civil Appeal NO. 6403 of 2004
Civil Appeal NO. 6404 of 2004
Civil Appeal NO. 6405 of 2004
Civil Appeal NO. 6407 of 2004
Civil Appeal NO. 6406 of 2004
Civil Appeal NO. 6408 of 2004
Civil Appeal NO. 6411 of 2004
Civil Appeal NO. 6412 of 2004
Civil Appeal NO. 6413 of 2004
Civil Appeal NO. 6414 of 2004
Civil Appeal NO. 6415 of 2004
Civil Appeal NO. 6416 of 2004
Civil Appeal NO. 6418 of 2004
Civil Appeal NO. 6420 of 2004
Civil Appeal NO. 6417 of 2004
Civil Appeal NO. 6421 of 2004
Civil Appeal NO. 6423 of 2004
Civil Appeal NO. 6424 of 2004
Civil Appeal NO. 6426 of 2004
Civil Appeal NO. 6429 of 2004
Civil Appeal NO. 6434 of 2004
Civil Appeal NO. 6427 of 2004
Civil Appeal NO. 6435 of 2004
Civil Appeal NO. 6436 of 2004
Civil Appeal NO. 6437 of 2004
Civil Appeal NO. 6438 of 2004
Civil Appeal NO. 6440 of 2004
Civil Appeal NO. 6441 of 2004
Civil Appeal NO. 6442 of 2004
Civil Appeal NO. 6439 of 2004
Civil Appeal NO. 6444 of 2004
Civil Appeal NO. 6443 of 2004
Civil Appeal NO. 6445 of 2004
Civil Appeal NO. 6446 of 2004
Civil Appeal NO. 6447 of 2004
Civil Appeal NO. 6448 of 2004
Civil Appeal NO. 6449 of 2004
Civil Appeal NO. 6450 of 2004
Civil Appeal NO. 6451 of 2004
Civil Appeal NO. 6452 of 2004
Civil Appeal NO. 6454 of 2004
Civil Appeal NO. 6453 of 2004
Civil Appeal NO. 6455 of 2004
Civil Appeal NO. 6456 of 2004
Civil Appeal NO. 6457 of 2004
Civil Appeal NO. 6458 of 2004
Civil Appeal NO. 6460 of 2004
Civil Appeal NO. 6459 of 2004
Civil Appeal NO. 6461 of 2004
Civil Appeal NO. 6462 of 2004
Civil Appeal NO. 6580 of 2004
Civil Appeal NO. 6463 of 2004
Civil Appeal NO. 6584 of 2004
Civil Appeal NO. 6582 of 2004
Civil Appeal NO. 6581 of 2004
Civil Appeal NO. 6583 of 2004
Civil Appeal NO. 6585 of 2004
Civil Appeal NO. 6586 of 2004
Civil Appeal NO. 6587 of 2004
Civil Appeal NO. 6588 of 2004
Civil Appeal NO. 6589 of 2004
Civil Appeal NO. 6590 of 2004
Civil Appeal NO. 6592 of 2004
Civil Appeal NO. 6591 of 2004
Civil Appeal NO. 6593 of 2004
Civil Appeal NO. 6594 of 2004
Civil Appeal NO. 6595 of 2004
Civil Appeal NO. 6596 of 2004
Civil Appeal NO. 6597 of 2004
Civil Appeal NO. 6598 of 2004
Civil Appeal NO. 6599 of 2004
Civil Appeal NO. 6600 of 2004
Civil Appeal NO. 6601 of 2004
Civil Appeal NO. 6602 of 2004
Civil Appeal NO. 6603 of 2004
Civil Appeal NO. 6604 of 2004
Civil Appeal NO. 6605 of 2004
Civil Appeal NO. 6606 of 2004
Civil Appeal NO. 6607 of 2004
Civil Appeal NO. 6608 of 2004
Civil Appeal NO. 6612 of 2004
Civil Appeal NO. 6611 of 2004
Civil Appeal NO. 6610 of 2004
Civil Appeal NO. 6609 of 2004
Civil Appeal NO. 6613 of 2004
Civil Appeal NO. 6614 of 2004
Civil Appeal NO. 6615 of 2004
Civil Appeal NO. 6616 of 2004
Civil Appeal NO. 6618 of 2004
Civil Appeal NO. 6617 of 2004
Civil Appeal NO. 6620 of 2004
Civil Appeal NO. 6619 of 2004
Civil Appeal NO. 6621 of 2004
Civil Appeal NO. 6623 of 2004
Civil Appeal NO. 6622 of 2004
Civil Appeal NO. 6624 of 2004
Civil Appeal NO. 6625 of 2004
Civil Appeal NO. 6627 of 2004
Civil Appeal NO. 6628 of 2004
Civil Appeal NO. 6629 of 2004
Civil Appeal NO. 6630 of 2004
Civil Appeal NO. 6401 of 2004
Civil Appeal NO. 6633 of 2004
Civil Appeal NO. 6634 of 2004
Civil Appeal NO. 6632 of 2004
Civil Appeal NO. 6635 of 2004
Civil Appeal NO. 6636 of 2004
Civil Appeal NO. 6631 of 2004
Civil Appeal NO. 1035 of 2006
Civil Appeal NO. 1040 of 2006
Civil Appeal NO. 1037 of 2006
Civil Appeal NO. 1039 of 2006
Civil Appeal NO. 1036 of 2006
Civil Appeal NO. 1041 of 2006
S.L.P.(C) No. 19188 of 2008
AND
CONTEMPT PETITION (C) NO. 147 OF 2013
IN
CIVIL APPEAL NO. 6415 OF 2004
O R D E R
C.A. No. 6362 of 2004
1. This order is in continuation of our earlier order dated 12.12.2013. Both the orders should be read together.
2. By order dated 12.12.2013 we had requested Shri Tankha, learned senior counsel to get appropriate instructions/clarification from the State Government insofar as Clause ’C’ of the affidavit dated 26.11.2013.
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 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.
7. It is further clarified that the Amended Act is applicable to those Teachers/Lecturers/Non-Teaching staff, who are appointed by the private aided educational institutions in the State of Madhya Pradesh, after promulgation of the amended Act. Ordered accordingly.
In rest of the matters.
All the matters are disposed of in the same terms, observations and directions as in Civil Appeal No. 6362 of 2004.
............................J. [H.L. DATTU] ............................J. [SUDHANSU JYOTI MUKHOPADHAYA] ............................J. [C. NAGAPPAN] NEW DELHI, JANUARY 07, 2014.
ITEM NO.301 COURT NO.3 SECTION IV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO.6362 OF 2004 STATE OF M.P. & ANR. Appellant(s) VERSUS SHARIQUE A. ALI & ORS. Respondent(s) (With appln(s) for directions,intervention,impleadment and office report ) Civil Appeal NO. 6637 of 2004 (With appln. for seeking permission to bring addl. facts and with office report)I.A. No 13-Appln. for permission to file affidavit Civil Appeal NO. 6400 of 2004 (With appln. for directions and exemption from filing O.T. with office report) Civil Appeal NO. 6402 of 2004 (With appln. for directions and exemption from filing O.T. and with office report) Civil Appeal NO. 6403 of 2004 (With office report) Civil Appeal NO. 6404 of 2004 Civil Appeal NO. 6405 of 2004 (With office report) Civil Appeal NO. 6407 of 2004 (With appln. for directions and office report) Civil Appeal NO. 6406 of 2004 (With office report) Civil Appeal NO. 6408 of 2004 (With appln. for intervention and with office report) Civil Appeal NO. 6411 of 2004 (With office report) Civil Appeal NO. 6412 of 2004 (With appln. for directions and with office report) Civil Appeal NO. 6413 of 2004 (With office report) Civil Appeal NO. 6414 of 2004 (With appln. for directions and with office report) Civil Appeal NO. 6415 of 2004 (With appln. for modification of Court’s order and with office report)I.A. No. 8-Appln. for permission to file addtional documents) Civil Appeal NO. 6416 of 2004 (With office report) Civil Appeal NO. 6418 of 2004 (With office report) Civil Appeal NO. 6420 of 2004 (With office report) Civil Appeal NO. 6417 of 2004 (With office report) Civil Appeal NO. 6421 of 2004 (With office report) Civil Appeal NO. 6423 of 2004 (With office report) Civil Appeal NO. 6424 of 2004 (With office report) Civil Appeal NO. 6426 of 2004 (With office report) Civil Appeal NO. 6429 of 2004 (With appln. for directions and exemption from filing O.T. and with office report) Civil Appeal NO. 6434 of 2004 (With office report) Civil Appeal NO. 6427 of 2004 (With office report) Civil Appeal NO. 6435 of 2004 (With office report) Civil Appeal NO. 6436 of 2004 (With office report) Civil Appeal NO. 6437 of 2004 (With appln. for directions and exemption from filing O.T. and with office report) Civil Appeal NO. 6438 of 2004 (With office report) Civil Appeal NO. 6440 of 2004 (With office report) Civil Appeal NO. 6441 of 2004 (With office report) Civil Appeal NO. 6442 of 2004 (With office report) Civil Appeal NO. 6439 of 2004 (With office report) Civil Appeal NO. 6444 of 2004 (With office report) Civil Appeal NO. 6443 of 2004 (With office report) Civil Appeal NO. 6445 of 2004 (With office report) Civil Appeal NO. 6446 of 2004 (With office report) Civil Appeal NO. 6447 of 2004 (With office report) Civil Appeal NO. 6448 of 2004 (With appln. for directions with office report) Civil Appeal NO. 6449 of 2004 (With office report) Civil Appeal NO. 6450 of 2004 (With office report) Civil Appeal NO. 6451 of 2004 (With office report) Civil Appeal NO. 6452 of 2004 (With office report) Civil Appeal NO. 6454 of 2004 (With office report) Civil Appeal NO. 6453 of 2004 Civil Appeal NO. 6455 of 2004 (With office report) Civil Appeal NO. 6456 of 2004 Civil Appeal NO. 6457 of 2004 (With office report) Civil Appeal NO. 6458 of 2004 (With office report) Civil Appeal NO. 6460 of 2004 (With office report) Civil Appeal NO. 6459 of 2004 Civil Appeal NO. 6461 of 2004 (With office report) Civil Appeal NO. 6462 of 2004 (With office report) Civil Appeal NO. 6580 of 2004 (With office report) Civil Appeal NO. 6463 of 2004 (With 0ffice report) Civil Appeal NO. 6584 of 2004 (With office report) Civil Appeal NO. 6582 of 2004 (With office report) Civil Appeal NO. 6581 of 2004 (With office report) Civil Appeal NO. 6583 of 2004 (With office report) Civil Appeal NO. 6585 of 2004 (With office report) Civil Appeal NO. 6586 of 2004 (With office report) Civil Appeal NO. 6587 of 2004 (With office report) Civil Appeal NO. 6588 of 2004 (With office report) Civil Appeal NO. 6589 of 2004 (With office report) Civil Appeal NO. 6590 of 2004 (With office report) Civil Appeal NO. 6592 of 2004 (With appln. for directions and with office report) Civil Appeal NO. 6591 of 2004 (With office report) Civil Appeal NO. 6593 of 2004 (With office report) Civil Appeal NO. 6594 of 2004 (With office report) Civil Appeal NO. 6595 of 2004 (With office report) Civil Appeal NO. 6596 of 2004 (With office report) Civil Appeal NO. 6597 of 2004 (With office report) Civil Appeal NO. 6598 of 2004 (With office report) Civil Appeal NO. 6599 of 2004 (With office report) Civil Appeal NO. 6600 of 2004 (With office report) Civil Appeal NO. 6601 of 2004 (With office report) Civil Appeal NO. 6602 of 2004 (With appln. for impleadment and with office report) Civil Appeal NO. 6603 of 2004 (With office report) Civil Appeal NO. 6604 of 2004 (With office report) Civil Appeal NO. 6605 of 2004 (With office report) Civil Appeal NO. 6606 of 2004 (With office report) Civil Appeal NO. 6607 of 2004 (With appln. for vacating stay and office report) Civil Appeal NO. 6608 of 2004 (With office report) Civil Appeal NO. 6612 of 2004 (With office report) Civil Appeal NO. 6611 of 2004 (With office report) Civil Appeal NO. 6610 of 2004 (With office report) Civil Appeal NO. 6609 of 2004 (With office report) Civil Appeal NO. 6613 of 2004 (With office report) Civil Appeal NO. 6614 of 2004 (With office report) Civil Appeal NO. 6615 of 2004 (With office report) Civil Appeal NO. 6616 of 2004 (With office report) Civil Appeal NO. 6618 of 2004 (With appln. for directions and exemption from filing O.T. with office report) Civil Appeal NO. 6617 of 2004 (With office report) Civil Appeal NO. 6620 of 2004 (With office report) Civil Appeal NO. 6619 of 2004 (With office report) Civil Appeal NO. 6621 of 2004 (With office report) Civil Appeal NO. 6623 of 2004 (With office report) Civil Appeal NO. 6622 of 2004 (With office report) Civil Appeal NO. 6623 of 2004 (With office report) Civil Appeal NO. 6624 of 2004 (With office report) Civil Appeal NO. 6625 of 2004 (With office report) Civil Appeal NO. 6627 of 2004 (With office report) Civil Appeal NO. 6628 of 2004 (With office report) Civil Appeal NO. 6629 of 2004 (With office report) Civil Appeal NO. 6630 of 2004 (With appln. for accepting English Translation and with office report) Civil Appeal NO. 6401 of 2004 (With appln. for directions and with office report) Civil Appeal NO. 6633 of 2004 (With appln. for directions and with office report) Civil Appeal NO. 6634 of 2004 (With office report) Civil Appeal NO. 6632 of 2004 (With office report) Civil Appeal NO. 6635 of 2004 (With office report) Civil Appeal NO. 6636 of 2004 (With office report) Civil Appeal NO. 6631 of 2004 (With office report) Civil Appeal NO. 1035 of 2006 (With appln. for stay and with prayer for interim relief) Civil Appeal NO. 1040 of 2006 (With appln. for exemption from filing O.T. and with prayer for interim relief) Civil Appeal NO. 1037 of 2006 (With prayer for interim relief) Civil Appeal NO. 1039 of 2006 (With appln. for permission to place addl. documents on record and with prayer for interim relief) Civil Appeal NO. 1036 of 2006 (With prayer for interim relief) Civil Appeal NO. 1041 of 2006 (With appln. for directions and office report) Civil Appeal NO. 5597 of 2006 (With office report) SLP(C) No. 19188 of 2008 (With appln. for exemption from filing O.T. and stay and impleadment and impleadment as party respondent and with prayer for interim relief and office report) CONTEMPT PETITION (C) NO. 147 OF 2013 IN C.A. NO. 6415 OF 2004 Date: 07/01/2014 These Appeals/petition were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. DATTU HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON’BLE MR. JUSTICE C. NAGAPPAN For Appellant(s) Mr. Vivek K Tankha, Sr. Adv.
Mr. Mishra Saurabh, Adv. Mr. K. Shukla, Adv.
For Respondent(s) Mr. Nitin S Tambwekar, Adv.
Mr. B.S. Sai, Adv.
Mr. K. Rajeev,Adv.
Mr.Shanti Bhushan, Sr.Adv Mr. Prashant Bhushan, Adv. Mr. Rohit K Singh, Adv. Mr. Siddharth Seth, Adv. Mr. Karthik Seth, Adv. Ms. Manjeet Kirpal, Adv.
Mr.Akshat Shrivastava, Adv. Mr.Siddharth Shrivastava, Adv. Mr.Harmeet Ruprah, Adv. For Ms.Manjeet Kirpal, Adv.
Mr. Chander Shekhar Ashri, Adv.
Dr. Rajev Dhawn, Sr. Adv. Ms. Rekha Pandey, Adv. Mr.Shiv P.Pandey, Adv. Mr. R.S. Nagar, Adv.
Mr. B.K. Satija, Adv.
Mr. Anil Kumar Jha, Adv.
Mr. Nikhil Nayyar, Adv.
Ms. Pratibha Jain, Adv. Mr. Kuldip Singh, Adv.
Mr. S. Ravi Shankar, Adv.
Mr. S.C. Birla, Adv.
Mr. Niraj Sharma, Adv. Mr.Sumit Kumar Sharma, Adv.
Mrs. Sudha Gupta, Adv.
Mr. Sunil Kumar Jain, Adv.
Mr. Sarvesh Singh Baghel, Adv.
Mr. Rajesh, Adv.
Ms. Binu Tamta, Adv.
Ms. Sujata Kurdukar, Adv.
Mr.B.S.Banthia, Adv.
Mr.C.L.Sahu, Adv.
Mr.Sunil Kumar Jain, Adv.
Mr.Sanjay Jain, Adv.
Mr. Anip Sachthey, Adv. Ms. Shagun Matta, Adv.
Mr. Mahabir singh mangla, Adv. Mr. Aakansha tiwari, Adv. Mr.Praval Tripathi, Adv. Mr. Shiv Sagar Tiwari, Adv.
UPON hearing counsel the Court made the following O R D E R C.A. No. 5597 of 2006 Delinked.C.A. No. 6362 of 2004
The civil appeal is disposed of in terms of the signed order.
In rest of the matters All the matters are disposed of in the same terms, observations and directions as in Civil appeal No. 6362 of 2004.
All Applications are disposed of in terms of order passed in C.A. No. 6362 of 2004.
| [ Charanjeet Kaur ] | | [ Vinod Kulvi ] | |Court Master | |Asstt. Registrar | [ Signed order is placed on the file ]
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