•^/ T^ HIGH COURT OF CHHATTISGARH AT BIIASPUR Writ Petition No. 2348 of 2006 Petitioner Ku. Sheela Pandaya ^ed - 48 years, D/o of Shri M.L. Pancta^ Posted as - Lower Diviston Clerk, At - S.S. Kalibadi Hr. Sec. School, Kalibadi, Raipur, Dlstrict - Raipur (C.G.) R/o Damji Shwjl Bada, K.K. Road, Raipur, Distrid - Raipur (C.G.) Versus Respondents The State of ChhatUsgarh Through- The Secretary, School Education Department, Manhalaya, D.K.S. Bhavan, Raipur The Director, Public tnstrucUens, ChhatBsgarh Head Quaiter at - Raipur. The Goveming Body of Kallbadi Shiksa Samlti, Through-te School Secretary, S.S. Ka\i Badi Hr. Sec. School, Kalibadi, Raipur (C.G.) WRIT PETITION U/A - 226&227QFTHECONSTn'UTION QF INDIA 1. 2 3 SB: Hon'ble Justice Shri Satish K. Agnihotri Present: Mr. R.K. Kesharwani, Advocateforthe petitioner. Ms. Deepali Pandey, Panel lawyer for the respondents No. 1 and 2/State. ORDER (Passed on thls 16m day ofApril, 2007) The quesUon of law involved herein is whether fte non-teachlng staff working in Government aided school are entiUed to the benefit of recommendations of the Fifth Pay Commission under the provisions (rfthe Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha fievya Karmchariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (henceforth 'the Adhiniyam, 1978') and the rules made thereunder read with the Madhya Pradesh Revision of Pay Rules, 1988(henceforth the Pay Rutes, 1988'). Leamed counsel appearing for the petitoner submits that the terms and conditions of the teaching and non-teaching staff are governed by the K Thakur aanic provisions of law which were unctor conaidaraUon by thfo Court »n the matter of Smt. A. Lall vs. State of Chhattisgarh and oBier connected matters QW.P. No. 41(ffi of 20 ), whereln by the juctgmsnt and order ctated 65.2007, this Court held that the pefitioneis who are wortdng in ftilty Govemment aided private schods are entifled to the re\nsad pay-scales wtth effect from 1.1.1996 as prescribed under the Pay Rules, 1988. This Court fuither for the purpose of payment of arrears had granted certain direction. Admittedty and jointly, it is submitted by the parties ttiat ttiis matter fs squarely covered by the judgment and order dated 6.2.2007 passed by this Court in the case of Smt. A. Lall vs. State of Chhattisgarh and other connected matters (Supra). As a result, (br the reasons stated in the judgment and order dated B.2.2007 passed in W.P. No. 4108 of 2005 (Smt. A. Lall vs. State of Chhattisgarh and other connected matters) (Supra), the writ petUfon is allowed in the same terms and condiUons. Sd/- Satish K. Agnihotri Judge