c^ PET?TIONER RESPONTDENTS WRir PETJTION No. 1348 of2006 Jhanak Ram Yadav, Aged about 55 years, Son of Shn Chaitfain Yadav. workiiig as Peon, Pt. Nelira, Govt. Hiaher Secoadan' School, Station Road, Din-g (C.G.) Resideat of Near Chandi Mandir, Diirg, District Durg (C.G.) VERSUS : 1. State of CiAattisgarh, Thi-ough: The Secretarv', Depai-tmeiit of School Educatiuri, D.K.S. Shawan, Mantralaya, Raipur, (C.G.) 2. Tfae Director, Directorate, Public Instaictions, Peasion Bada; Raipur (C.G.) 3. The Disti-ict Education Ofiicer, Durg, District Durg (C.G.) 4. The Shanti Bhai-tiya Shikshan Sainiti, Through: The Secretan', Shanti Bhartiva Slukshan Samiti, Pt. Nela-u Higher Secondaiy School. Station Road, Durg, District Diirs . (C.G.) 5, The Principal, Pt. Nehru Higher'Secondary ScSiool, Station Road, Durg, District Durg (C.G.) WR1T: PETITION UNTtER -WTICLE 226/227 OF THE CONSTH'UTION OF INDIA Present: Shri P.P.Sahu, Advocate for the petitioaer. Ms. Sunita Jaiii, Panel Lawyerforthe State/'respondents 1 to 3 2. (Passed oa I0ttl day of July, 2008) I.A. No. 208 of 2007. 'Iliis is an application for amendment of Virit petition. The application is dismissed as not pressed. By this petition, the pefitioner, who is working as Peon^t. Nehni, Gov-t. Hislier Secondan' School, Station Road, Durs, is claiming the benefrts of 5 Pay Coannission at par with tlieir counter part m the Govemment Scfaools. The 5 Pay Commission was to be granted with effect from 1.1.1996 in accordance with the Madhva Pradesb Revision of Pav Ru!es. 1.998. fe: £1 -z- 3. The question of law involved herein is wtiether fhe nou-teaching staff workine in Govemment aided schoo! are entitled to the benefrt of recommendations ofthe Fifth Pay Commission under the provisions of the Madhya Pradesh Ashashkiya Shikshan Sansthan (Adhyapakon Tatha Arsya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 197S (heneeforth 'the Adhmiyam, 1978') and the rules made thereimder read with Madhya Pradesh Revision ofPay Rules, 1988 (lienceforth 'the Pay Rules, 1988'). Tlie identical question of law was considered by this Court in batch of matters i.e. Smt. A.Lal! v. State of Chhattisgarh and ofher connected matters (Vs'.P. No. 4108 of 2005) and by judament and order dated 6.2.2007, this Court held that fb.e petiti.oners v/ho are working in faUy Govemment aided private schools are entitled to the revised pay-scale with effect from 1.1.1996 as prescribed under the Pay Rules, 1988. This Court fiirther for the purpose of payment of arrears had granted certain toection. Admittedly and jointly, it is submitted by the parties that this matter is squarely covered by the judgment and order dated 6.2.2007 passed by this Court in the case of Smt. A.Lal! v. Stafe of Chhattisgarh aiid other connected matters fsupra). As a result, for the reasons stated in fhe judgnient and order dated 6.2.2007 passed in W.P. No. 4108 of 2005 (Smt. A.I-all v. State of Chhattissari-i and others) and other connected matters (supra), the writ petition is allowed in the same terms and conditioas. No order asto costs. Ajnit Sd/- Satish K. Agnihotn Judge /