^.«t^ vyl^l6is ^ [G] LAS PETITIONER WRIT_PETmQNNo,1350 of2006 Heera Prasad UPadhyay, Aged about 43 years, Son of Late Shi-i Narayan Pi-asad Upadiiyay, Working as Peon, Pt. Nehm Gwt. Hi^ier iecondary Sehool, Station Road, Durg, Resideut of New Beauty Tailor, Nayapara, Durg, District Durg (C.G.) VERSUS RESPO.NDF^TS 1. State of Chhattisgarb, Tlirough: The Secretarv', Department of School Education, D.K.S. Bhawaii, Mantralaya, Raipur, (C.G.) 2. The Director, Du-eciorate. Publie Iiistructions, Pension Bada, Raipur (C.G.) 3. The District Education OfScer, Durg, Distact Durg (C.G.) 4. The Shanti B^tiva Sliikshan Samiti, Throueh: Tb.e Secretary, Shanti Bhartiya Shikshan Samiti, Pt. Neiiru Higher Seeondaiy School, Station Road, Durs, District Durg (C.G.) 5. The Principal, Pt. Nehm Hisher Secondary Scliool, Stalion Road, Durg, District Durg rc.o.) WRIT PE.TITION IJNDER ARTICLE 226/227 OF TBE C.ONSTrTUTION OF INDIA mt: Shri P.P.SaMi, Advocate for the petitioner. Ms. Suriita Ja.in, Paael Lawyer for the State/respondents 1 to 3 (Passed on 10m day of July, 2008) 1. I.A. No. 207 of 2007. This is an application for amendment of v<rit 2. petition. The application is dismissed as not pressed. By this petition, the petitioner, vAo is wofkuig as Peon in Pt. Nelini, Go-vt. Hieher Secondary School; Station Road- Diirg, is claimme the benefits of 5 Pay Coiitmission at par with their counter part in the Govenunent Schools. The 5 Pay Conimission was to be granted with effect from 1.1.1996 in accordance with the Madhya Pradesh Revision ofPavRules, 1998. a -2- 3. Tlie questioa oflaw involved herein is whether the non-teaching staff working in Govemment aided school are entitled to the benefit of recommendations ofthe Fifth Pay Ccmimission under the provisions of the Madhya Pradesh Ashaslikiya Shikshan Sansthan (Adhyapakon Tatha Anva Karmacharivon Ke Vetano Ka Sandava) Adliinivam, 1978 •/ */ */ / ^»/ ^ (henceforth 'the Adhiniyam, 1978') and the rules made thereunder read with Madhya Pradesh Revision ofPay Rules, 1988 (hencefoi-fh 'the Pay Rules, 1988'). 4. The identical question of law was considered bv this Conrt in batch matters i.e. Smt. A.Lall v. State of CUhattisgarh and other comiected matters (W.P. No. 4108 of 2005) and by judgment and order dated 6.2.2007, this Coiirt held that the petitioners who are workins in fallv Govenniient aided private schools are entitied to the revised pay-scale with eftectfrom 1.1.1996 as prescribed under the PayRules, 1988. This Court fiirther for the purpose of pavment of arrears had granted certain direction. A.dmittedly and jointly, it is submitted by the parties Ihat this matter is squarely covered by the judgment sod order dated 6.2.2007 passed by this Court in-tba case of Smt. A.Lall v. State of Chhattisgarh aad other co-.mected matters (supra). As a result, for the reasons stated in the judgnient and order dated 6.2.2007 passed in W.P. No. 4108 of 2005 (Smt. A.Lall v. State of Chhattisgarh and others) and other connected matters (supra), the writ petition is allowed in the same terms and conditions. No order asto costs. Sd/- Sadsh K. Agnihotri Judge Amit