^^i?iKi'^S^^A;'^'?s^''AI^^^'I^lw^^!^^^^^ HIGH COURT OF CHHAmSGARH AT BILASPUR WntPetitionNo. 2388 of 2006 Petitioner Gautam Kunrar Raha ft@ed • 48 years, Son of Shri U.K. Raha Posted as - P.T.I., At - S.S. Mibadl Hr. Sec. School, Kalibadi, Raipur, District - Raipur(C.G.) R/o Raha Niketan, Lodhlpara, Kapa, Raipur OsSnct- Raipur (C.G.) Versus Respondente The State ct ChhatUsgarh Throiyh- The Secretary, School Educatton Department, IVIanbalaya, D.K.S. Bhavan, Raipur The Director, Public InstmcBons, ChhatUsgarh htead Quarter at • Raipur. The Goveming Body <rf tolibadi Shiksha Samitl, Through-its Schooh Secretary, S.S. Kali Badi Hr. Sec. School, Ifeilibadi, Raipur(G.G.) WRIT PETITION UNDER ARTICLE 226 & 227 OF THE COf^TITUTION OF INBIA 1 2 3 SB: Hon'ble Justice Shri Satish K. Agnihotri Present: Mr. R.K. K^haiwani, AdvocatBftwthepeUtioner. Ms. Deepali Pandey, Panel lawyer for the r«spondentsNo. 1 and 2/State. ORDER (Passed on this 1Sm day ofApril, 2007) The questfon of law involved hereln is whsther the non-teaching staff working in Govemmerrt aided school are ertiUed to fte benefit of recommendations of the Fifth Pay Commission under the provislons of the Madhya Pradesh tehaskiya Sikshan Sanstha (Adhyapakon Taffia Anj^ Karmchariyon Ke Vetano Ka Sandaya) AdNntyam, 1978 (hencetorth 'the Adhiniyam, 1978') and the rutes made thereunder read with the Madhya Piadesh Revision ofPay Rules, 1988 ^iencrfath the Pay Rules,1988I). Leamed counsel appearing for the petitioner submits that Uie terms and conditions of the teaching and non-teaehing ^aff are govemed by Vhe ^;,^blj^M same provisfons of taw which were uncter considerartion by thia Court in the matter of Smt. A. l^ill vs. State of ChhatUsgarh and (rther connedsd matters (W.P. NQ. 4108 of 2005), wheretn by the judgment and order dated 6.25007, this Court held thatthe petitionefswho are woiklng in fully Govemment aided private schools are entitted to the revised pay-scales with effect from 1.1.1996 as prescribed under the Pay Rules, 1988. TWs Court tuither for the purpose of payment of arreare had granted certain direcUon. Admiltedly and jointly, tt is submitted by th®partles that this matter is squarely covered by the judgment and wder dated 6.22307 passed by this Court in the case of Smt. A. Lall vs. Stete of Chhattisgarh and cthsr connected matters (Supra). As a result, for the reasons stated in the judgment and oretor dated 6.2^007 passed in W.P. No. 4108 of 2005 (Smt. A. Lall vs. State of ChhatUsgarh and other connected mattera) (Supra), ttie writ petiBon te allowed in the same terms and condUions. Sd/- Satisb K. Agnihotn Judge Thakur