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2014 DIGILAW 25 (SC)

State of M. P. v. Sharique A. Ali

2014-01-07

C.NAGAPPAN, H.L.DATTU, SUDHANSU JYOTI MUKHOPADHAYA

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ORDER : C.A. No. 6362 of 2004 1. This order is in continuation of our earlier order dated 12.12.2013. Both the orders should be read together. 2. By order dated 12.12.2013 we had requested Shri Tankha, learned senior counsel to get appropriate instructions/clarification from the State Government insofar as Clause ’C’ of the affidavit dated 26.11.2013. 3. Today learned senior counsel, Shri Tankha has filed an affidavit on behalf of the State of Madhya Pradesh. In the said affidavit they have pleaded their inability to extend the 6th Pay Commission Scales to the Teachers/Lecturers/non-teaching staff working in private aided educational institutions in the State of Madhya Pradesh though their appointment is approved by the State Government. 4. After hearing Shri Tankha, Shri Shanti Bhushan and Dr. Rajeev Dhawan and other learned counsel appearing for the parties, we are of the opinion that the request of Shri Shanti Bhushan for extending the 6th Pay commission scales to the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions should be accepted and granted. We are also of the view that whatever amount that is being paid pursuant to the orders passed by this court on 12.12.2013 and 07.01.2014 shall not be recovered from the Teachers/Lecturers/Non-Teaching staff working in the private aided educational institutions. 5. Accordingly, while setting aside the judgment and order passed by the High Court, we direct that the 6th Pay commission scales shall be given to the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh. We further direct that the amount that is already paid pursuant to the orders passed by this Court on 12.12.2013 and 07.01.2014 shall not be recovered from the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh. 6. It is clarified that the Madhya Pradesh Ashaskiya Ahikshan Sanstha Adhiniyam, 1978, as amended by Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmcharyon Ke Vetno Ka Sandaya) Sanshodhan Adhiniyam, 2000 (for short "the Amended Act") shall not be made applicable to the respondents and other similarly situated persons. 7. It is further clarified that the Amended Act is applicable to those Teachers/Lecturers/Non-Teaching staff, who are appointed by the private aided educational institutions in the State of Madhya Pradesh, after promulgation of the amended Act. Ordered accordingly. In rest of the matters. 7. It is further clarified that the Amended Act is applicable to those Teachers/Lecturers/Non-Teaching staff, who are appointed by the private aided educational institutions in the State of Madhya Pradesh, after promulgation of the amended Act. Ordered accordingly. In rest of the matters. All the matters are disposed of in the same terms, observations and directions as in Civil Appeal No. 6362 of 2004.