~ S! Ss» uws y.<t Av:: HIGHGOURTOFCHHArriSeARHATBILASPUR Writ PetiUon (Sl Ho.SOe7af2WS7 . 1. Nirmal Tirkey, Aged about 41 years, sOnofShriPaulusTirkey.HeadMasier, Jyofi , Pnraary School Jugimura Kodoura, R.O, Dawra, District Amb]kapur(Chhattisgarh) 2. Ku. Augustina; Ekka, Aged about 51 yeare, Daughter of Late Shri 'Sanny Cyril, Assistant Teacher, Jyoti Primary Sohool Jugimura Kodoura, P.O. Dawra, District Ambikapur (Chhattisgarh) 3. : ^Benjamin IVIinj,;Ageci about 40 years, ,. ^ Son.of^S ^ 'Teacher, Jyoti.PrimaiySchoolJugimura Kodoyra; . R.Q, ,. Dawra, District AmbilQpur(Chhatti%arb) : ' -; • 4. . Ku. Liiy Lakra, Aged about 35 years, Daughter of Shri jsidore Lakra, Assistant Teacher, Jyoti Primary Scfcol .JugimuraKodoura, P.0. Dawra, District Ambikapur (Chhaftisgarh) 5, Smt. Sushma Toppo, Aged about 34 years, Wife of Shri Nazarious Toppo, Assistant Teacher, Jyoti Primary Schopl Jugimura Kodoura, P.0. Dawra, District Ambikapur(ChhattisgaFh) Versus 1, State of Chhatti^arh through Secretary, Tribal Welfare Department, MahtFalaya, D.K.S. Bhawan, Raipur • (Chhattisgarh) , 2. Commissioner, Tribal Welfare Qepartment, District Ambikapur (Chhattisgarh) 3. CatholioSansttianSurguja, Uttar Purb Paritehetra, • fhrough Nirdeshak, Bishop's . House, Ambikapur (Chhattisgarti) PetitionU/A 226-6fthe Constjtutionof India. Sing!eBench:Hon'bteShri.,)usticeSatishK.Agnihotri ^ r '^ -•2-- e- Present: Shri Rahul Birthare, counsel for the petitioners. Shri A Dubey, Panel lawyer for the State / respondents. QRAL ORDER (Passed on 11<nMay, 2007) The question of law involved in this petition is whether ttie teachers working in government aided prjvate schools are entitled to the benefjt of the recommendation of the Fiftti Pay Commissjon under the provisions of the Madhya Pradesh AshaskiyaSikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke VetnoKaSandaya) Adhiniyam, 1978 (henceforth 'the Adhiniyam, 1978') and the rules made thereunder read with the Madhya Pradesh Revision ofPay Rules, 1998 (henceforth 'the PayRules, 1998'). (2) The identical question of !aw was oonsidered by this Couri: in baich of matters i.e. Smt A LaHVs Stateof Chhattisoarh & Others (W.P.No.4108 of 2005) with other connected matters, and the same was disposed of by j'adgment and order dated 06.02.2007, It was held that the petitioners who are working in fully Government aided private schools are entitled to the revised pay scales w.e.f.01.01.1996 as presoribed under the Pay Rules, 1998. This Court had grantal certain directions further for the purpose ofdisburaement of arreare. (3) Admittedly and jointly, it is submitted by the learned counsel for the parties that this matter is squarely covered by the judgment and order dated 06.02.2007 passed by this Court in the oase of Smt A Lall (supra) and other connected matters. (4) As a result, for the reasons stated in the judgment and order dated 06.02.2007 passed in W.P.No.4108 of 2005 Smt A Lall (Supra) and other connected matters, the writ petition is allowed in the same terms and conditions. Sd/- Satish K. Agnihotn Judge ^ .^l^ ^