^^ ss^ /"r^- ^^> •%iW HIGH COURT OF CHHATTISGARHAT BILASPVR PET1TIONER RESPONDENTS WRITPETmONNQ^358of2006 R.K.Sonboir, Aged about 48 years, Son of Late Slm Chain Das Sonboir, Working as Lower Division Clerk, Pt. Nehru, Govt. Higher Secondary School, Station Road, Durg (C.G.) Resident of Near Goura Dabri, Gaya Nagar, Durg, District Durg (C.G.) V.ERSUS 1. State ofChhattissarh, Throueh: The Secretary, Department of Sdiool Educatioii- D.K.S. Bhawan, Mantralaya, Raipur, (C.G.) 2. Tlie Director, Directorate, Public Instrdctions, Pension Bada, Raipur (C.G.) 3. The Dismct Education Officer, Durg, Disti-ict Din-g (C.G.) 4. The Shanti Bhartiya Shikshau Samiti, Tlirougli : The Seeretary, Shanti Bhartiya Shikshan Samiti, Pt. Nehni Higlier Secondary' School, Station Road, Diirg, Distrid Durg (C.G.) 5. The Principal, Pt. Neliru Higher Secondary School, Station Road, Durg, District Diirg / f\ /-^ ^U.<j.. WRCTPEITIIQN LTs'DER ARTICLE 226/227 OF THE GONSTITC.TION OF IHDIA >'^'!^ e'iT.^.S.1 satls Present: Shri P.P.Sahu, Advocate fbr the petitioner. Ms. Sunita Jahi, Panel Lawya- for the State/i-espoiideats 1 to 3 QRAL_g.RDER (Passsd on 10°'. day of July, 2008) 2. 3. I.A. No. 209 of 2007. TbJs is an application for ainendment of \wit petitioa. Ttie application is dismissed as not pressed. By this petition, fhe petitioner, who is working as Lower Division Clerk ia Pt. Nehi-u, Govt. Higher Secondaiy School, Station Road, Durs, is clainiuig fhe benefits of 5 Pay Conumssion at par with their counter part ia the Govemmeat SchpoSs. Tlie 5 Pay Comniission was to be CTanted with eftect ftom 1.1.1996 in accordance with the Madhya Pradesh Revision ofPay Rules, 1998. The auestion of law involved herein is whefher the 'ion-teachma staff workms in Goveromeffl aided school are entitled to the benefit of (^f- 6. -2- recommendations ofthe Fifth Pay Commission under the provisions of tbe Madhya Pradesh Ashashkiya Shikshan Sanstban (Adhyapakon Tatha ,iVnya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (henceforth 'the Adhiiiiyam, 1978') and fhe mles raade tliereunder read with Madhya Pradesh Revision ofPay Rules, 1988 (henceforfh 'the Pay Rules, 1988'). The identical question of law was considered by th's Court in batch of matters i.e. Smt. A.Lall v. State of Chhattisgarh and othar cormected matters (W.P. No. 4108 of 2005) and by judgment and order dated 6.2.2007, this Court held that the petitioaers who are working in fu!ly Govemment aided private schools are entitied to the revised pay-scale with effect from 1.1.1996 as prescribed underthe Pay Rules, 1988. This Court fiirther for tfae purpose of payment of arrears had m-anted certain direction. Admittediy and jointly, it is submitted by the parties that fhis matter is squarely covered by the judginent and order dated 6.2.2007 passed by tiiis Court in the case of Smt. A.Lal! v. State of Chliattisgarh aad other cormected matters (supra). As a result for the reasons stated in the judgment 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 tenns and conditions. No order asto costs. Amit Sdi- SatishK.Agnihotri Judge