Madhya Pradesh High Court
Ramashray vs School Education Department on 24 October, 2017
THE HIGH COURT OF MADHYA PRADESH
WP-5318-2016
(RAMASHRAY Vs SCHOOL EDUCATION DEPARTMENT)
Indore, Dated : 24-10-2017
Shri S.M. Bapat, counsel for the petitioner.
Shri Mukesh Porwal, GA for the respondent / State.
The petitioner has filed present writ petition seeking direction to the respondent/s to grant benefit of 5th and 6th Pay Commission.
2 The petitioner was appointed in the RRMB Gujarati Higher Secondary School and retired on 31/12/2005. The said school was getting grant in aid from the State Government under the Provisions of Madhya Pradesh Ashaskiya Ahikshan Sanstha Adhiniyam, 1978. The petitioner was appointed on the aided post. As per the Adhiniyam, 1978, he is entitled for wages at par with the government teachers. The State Government used to revise the pay-scale of teachers and other staffs who were appointed in the aided school along with the staff of government school.
3 The petitioner has retired from service. Before the retirement, he was not granted benefit of 5th and 6th Pay Commission as the matter was under litigation before the high court as well as before the Supreme Court in the case of State of Madhya Pradesh and others Vs. Sharique A. Ali ( Civil Appeal no. 6362/2004 Judgment dated 07/01/2014 ), which was disposed off by giving directions to the State to pay the benefit of 5th and 6th Pay Commission to the staff of non-government aided school. After the order passed by the Apex Court, the State Government has decided to grant the benefit of 5th Pay Commission and arrears of salary in installment . Directions given by the Apex Court in the case of Sharique Ali ( supra ) is reproduced below :
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.
4 In view of the above, present writ petition is disposed of with the direction to the petitioner to submit representation to the District Education Officer, Indore for grant of 5th and 6th Pay Commission along with arrears of salary. The District Education Officer shall consider the representation and if necessary, he may call service records of the petitioner from the RRMB Gujarati Higher Secondary School. The entire exercise be completed within a period of 60 days from the date of production of certified copy of the order.
C c as per rules.
(VIVEK RUSIA) JUDGE