f^S ^^. HK3H COURT OF CHHATTISWtflH AT BILASPUR Writ Petition No. 2346 of2066 Petitioner Bhuwan Lal Verma Aged 50 yeara S/o Ramadhar Verms, Posted as Lab Assistant At S.S. Kali Badi, Higher Secondary School, Kali Badl, Raipur (C.G.). Resident of A/38, Adharsh Nagar, Kushalpur, Raipur (C.G.) Versus Respondents The aatoof ChhaBis£prhThroi^h- The Secretary, School Edin^rtion Dspartment, Ittentralaya, D.K.S. Bhavan, Raipur The Dlrector, Public Instructtons, Chhatt'sgarh Head Quarter at - Raipur The Governing Body (rf Kdibadi Shiksha SamiU, Through-te School Secretary, S.S. Kali Bsrii Higher Secondary Schoxrf, Kali Badi, Ralpur (C.G.) WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA 1. 2 3 SB: Hon'ble Justice Shri Satish K. Agnihotri Present: Mr. R.K. Kesharwani, Advocate for the pettttener. Ms. Deepali Pandey, Panel lawyer fer the respondente No. 1 and 2/State. 1. ORDER (Passed on this 16nl day ofApril, 2007) The question of law involvwl herein is whether the nen-teaehing ^aff woridng in Govemment aided school are entitted to the beneflt of recommendattons of the Fifth Pay Commission under the proviskms <rf the Madhya Pradesh Ashaskiya Silcshan Sansttia (Adhyapakon Tatha Mya Karmchariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (henceforth 'ttie Adhiniyam, 1978') and the rules made thereunder read with ths Madhya Pradesh Revision of Pay Rules, 1988 (henceforth 'the Pay Rules, 1988'). r r 4. Leamed counsel appearinfl forthe peUtioner submits that tfie terms and conditions of the teaching and non-teaching statf are govemed by the same provisions of law which were under consideration by this Court in the matter of Smt. A. Lall vs. State of ChhatUsgarh and ottier connected matters P/V.P. No. 4108 of 200^, wherein by the judgment and order dated 6.2.2007, this Court held thatthe petttionera who are woNdi^ inftilfy Government aided private schools are erdiUed to the rsvised p^-scales with effect from 1.1.1996 as prescribedunder the Pay Rules, 1988. This Court further for the purpose of payment <rf arrears had grarted cartain direction. Admittedly and jointly, It is submitted faiy the parUes that thjs matter is squarely covered by the judgment and order dated 6.2.2007 passect by this Court in the case of Smt. A. Lall vs. State of ChhaUsgarh and odier connected mattere (Supra). As a result, for the reasons statad in Vtw judgment and order dated 6.2^007 passed in W.P. No. 4108 of 2005 (Smt. A. Lall vs. Stete of Chhattisgarh and other connected matters) (Supra), the wrtt psh'Uon is allowed in the same terms and conditions. Sd/- Satish K. Agnihotri Judge