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Madhya Pradesh High Court · body

2014 DIGILAW 985 (MP)

Vandna Dwivedi v. State of M. P.

2014-08-08

PRAKASH SHRIVASTAVA

body2014
JUDGMENT 1.Learned counsel for petitioner at the outset has submitted that the dispute involved in the present matter is squarely covered by the order dated 16/5/2014 passed in WP No. 7657 of 2014. He has prayed for the same direction. 2. Learned counsel for State has not disputed the said aspect of the matter. 3. Writ Petition No. 7567 of 2014 was disposed of by this Court by order dated 16/5/2014 by holding as under:- “It is contended on behalf of State Government that the issue raised in this petition, forming subject matter of State of MP and another vs. Sharique and others, Civil Appeal No. 6362 of 2004 and connected civil appeals decided on 7.1.2014 by the Apex Court, wherein it is held :- “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.” 4. In view whereof, the present petition is disposed of with a liberty to the petitioner to prefer a fresh representation before the concerned Authority in the light of the decision by the Supreme Court in Civil Appeal No. 6362 of 2004 (supra). 5. On such representation being preferred by petitioner, the Authority concerned is directed to dwell upon the same objectively and if found entitled to, settle the claim within a period of three months, as per direction in Civil Appeal No. 6362 of 2004 (supra). Petition is finally disposed of in above terms. No costs.” 6. In view of the above submissions of the learned counsel for parties, the present writ petition is also disposed of by holding that the directions issued in the matter of WP No. 7657 of 2014 will apply mutatis mutandis in the case of the petitioner and if the petitioner prefers a representation before the concerned the same will also be decided in terms of the above order. c.c as per rules.