The Chhattisgarh High Court allowed writ petitions filed by teachers in government-aided schools, holding them entitled to the 5th Pay Commission benefits effective from 1-1-1996, citing statutory parity mandates.
Petitioners granted revised pay scales from 1-1-1996; arrears payable in ten six-monthly instalments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
^,^00( c-
IN THE HIGH COURT OF CHHATTISGARH AT BIIASPUR (C.G.) WRIT PETITION N0..^6.6<?2005
^ . ^
PETITIONERS
Mohd. ShoaebAnsari S/o /'. Shri Haji Mohd. Isinail 7\nsari aged about 39 years working as Asstt. Teacher, Anjuman Urdu Hindi Primary School Jagdalpur, DistrictBaster (C.G.) /7.. Mohd. Nasir S/o Late Shri Mohd. Idrish aged about 41 years, working as Asstt. Teacher, Anjuman Urdu Hindi Primary School Jagdalpur, DistrictBaster (C.G.) Mohammed Ali S/o Shri Saiyyad Aii aged about .57 years, working as Urdu Hindi' Primary School Jagdalpur, District-Baster (C.G.)
^
-^
VERSUS
RESPONDENTS Y"l
^
3
State of Chhattisgarh, through ' Principal Secretary, Department of school Education, Mantralaya, D.K.S.Bhawan Raipur (C.G.) The Director,•Directorate of Public •Instruction, Pension Bada, Ralpur (C.G.) The District Education Officer,. Public InstruGtions Jalgalpur Dist. Baster .(C.G.) Ajuman Islamiya Committee Jaigaipur Dist. Baster (C.G.) Through its President.
' WRIT PETITrQN UNDER ARTICLE 2^6/227 OF THE COUNSTITUTION OF INDIA FOR ISSUANCE OE" WRlfclN NATURE QF CEERTIORARI, _MftNDAMUS, PRQHIBITIQlT .N>&3 OTHER SUZIABLE WRIT OR •WRITS, DIRECTION QR DIRECTIONS, ORDER OR ORDERES:
A^^
HiGH COURT OF CHHATTISGARH AT BILASPUR
StNGLE^ENCH : HON'BLE MR. SATISH K. AGNIHOTRt. J.
WRITPETiTION No.4108 of 2005
Smt. A. Lall
versus
State of Chhatt'sgarh and othere
And other connected matters.
ORDER
Postfor ^-2-2007
'^
s&'SatishK.Agnihom Judge
HIGH COURT OF CHHATT1SGARH AT BiLASPUR
SINGLE BENCH : HON'BLE MR. SATiSH K. AGNIHOTRLJ,
Writ Petition No .4108 of 2005
Petitioner
Smt. A. Lall
Versus
Resoondents
Stete of Chhattisgarh and others
Writ Petition No. 2784 of 2006
Petitioner
Ku. Savita Manjhi
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 1818 of 2005
Petitioner
Karan Sai
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 1826 of 2005
Petitioner
Puran Das
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 1827 of 2005
Petitioner
P.K. Bakshi
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 1828 of 2005
Petitioner
Vijay Mohan Dubey
Versus
Respondents
State of Chhattisgarh and othfers
Writ Petition No. 1829 of 2005
Petitioner
Respondents
Versus
Ashok Kumar Rai Das State of Chhattisgarh and others
WritPetition No,1830of2Q05
Petitioner Pradeeo Kumar Jain
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 1831 of 2005
Petitioner
Pradeep Shantaram Khirwadker
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 1832 of 2005
Petitioner Kailash Prakash Pandey Versus Respondents State of Chhattisgarh and others
Respondents
WritPetition No. 1833of20Q5
Petitioner Vidur Sharma
Versus
Respondents State of Chhattisgarh and others
Writ PetiUon No,J 834 of 2005
Petitioner
Smt. Shefali Das
Versus
Respondents State of ChhatBsgarhand others
&
Writ Petition No. 1835 of 2005 Petitioner Smt. Shakuntala Pillev Versus Respondents . State of Chhattisgarh and othere
Writ Petition No. 1836 of 2005 Petitioner Sita Ram Versus Respondents State of Chhath'sgarh and others
Writ Petition No. 1837 of 2005 Petitioner J.K. Singh Versus Respondents State of Chhattisgarh and others
Writ Petition No. 1838 of 2005 Petitioner Ramadhar Verma Versus Respondents State of Chhattisgarh and others
Writ PetitionNo, 1839 of 2005 Petitioner Ram Lakhan Mishra Versus Respondents State of Chhattisgarh and others
Writ Petition No. 1840 of 2005
Petitioner Manoj Kumar Jain Versus Respondents State of Chhattisgarh and othere
Writ Petition No. 1841 of 2005 Petitioner Keshav Prasad
Versus Respondents State of Chhattisgarh and others
4
Writ Petition No. 1842 of 2005
Petitioner Surendra Bahadur Singh Versus Respondents State of Chhattisgarh and othere
Writ Petition No. 1843 of 2005
Petitioner
Smt. RiktaPaut
Versus Respondents State of Chhatti^arh and others
Writ Petition No. 1844 of 2005
Petitioner R.C. Jain Versus Respondents State of Chhattisgarh and others
Writ Petition No. 1845 of 2005
PeUtioner Ram Prasad Versus Respondents State of Chhattisgarh and others
Respondents
Writ Petition No.1846 of2005
Petitioner
Smt. Laxmi Shrivastava
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 1847 of 2005
PeBtioner Smt. Sangeta Roy Vsrsus Respondents State of Chhattisgarh and others
Writ Petition N0,1848 pf 2005
Petitioner Kapil Deo Pathak Versus Respondents Stete of Chhattisgarh and others
Writ Petition No. 2960 of 2005 Petitioner T.R. Kashyap Versus Respondents Stqte of Chhattisgarh and others
Writ Petition No. 2961 of 2005 Petitioner M. Paik
M. Paik
Vereus Respondents State of Chhattisgarh and othere
Writ Petition No. 2962 of 2005 Petitioner S. Kumar Versus Respondents State of Chhattisgarh and others
Writ Petition No. 2963 of 2005 Petitioner A. Gardia Versus Respondents State of Chhattisgarh and others
Writ PetiBon No. 2964 of 2005
Petitioner T.K. Das
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 2965 of 2005
Petitioner
S. Nand
Versus
Respondente State of Chhattisgarh and others
Writ Petition No. 2966 of 2005
Petitioner Ku.S.Sona
Versus Respondents State of Chhattisgarh and others
<^>
Writ Petition No. 2967 of 2005
Petitioner
Smt. H. Gardia
Versus
Respondents
St^te of Chhattisgarh and others
Writ Petition No. 2968 crf 2005
Petitioner
Smt. V. S. Kunwar
Versus
Respondente
Stete of Chhattisgarh and others
Writ Petition No. 2969 of 2005
Petitioner
Respondents
E.H. Nathaniel Versus Stete of Chhattisgarh and others
Writ Petition No. 2970 of 2005
Petitioner Pawl Nag
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 2971 of 2005
Petitioner Nabod Kuldeep
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 2981 of 2005
Petitioner Ganesh Ram Patel
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 2982 of 2005
Petitioner Jaioal Kumar Verma
Versus Respondente Stete of Chhattisgarh and others
Writ Petition No. 2983 of 2005
Petitioner
Smt. P.E. Nathaniel
Versus
Resoondents St^te of Chhattisgarh and others
Writ Petitjon No. 2984 of 2005
Petitioner Dhanurjay Bhoi Versus Respondents State of Chhattisgarh and others
Writ PeUtion No. 3018 of 2005
Petitioner J.B. Kashyap Versus Respondents State of Chhattisgarh and others
s
Writ Petition No. 3019 of 2005
Petitioner
N.K. Pradhan
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 3021 of 2005
Petitioner
L. L. Mishra
Versus Respondents State of Chhatti^arh and others
Writ Petition No. 3022 of 2005
Petitioner Shivcharan Kashyap Versus Respondents State of Chhattisgarh and othere
Writ Petition No. 3024 of 2005
Petitioner Jaidev Nag Vereus Respondenls State ofChhattisgarh and others
^
Writ Petition No. 3025 of 2005
Petitioner
Ujal Rajhans
Versus
Respondents
S^ate of Chhattisgarh and others
Writ Petition No. 3026 of 2005
Petitioner
P.N. Nilagar
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3027 of 2005
Petitioner Ramnidhi Porre
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 3028 of 2005
Petitioner Smt. V. Kumar
Versus
Respondents
State of Chhattisgarh and othere
Writ Petition No. 3029 of 2005
Petitioner N.B.Ram
Versus
Respondents State of Chhattisgarh and others
Writ Pefrtion No. 3030 of 2005
Petitioner H. Kumar
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3031 of 2005
Petitioner
P.N. Tripathi
Versus Respondents State of Chhattisgarh and others
Writ Petition No.3032 of 2005
Petitioner
V.M. Nand
Versus
Respondents
Sl^te of Chhattisgarh and others
Writ PetNon No. 3033 of 2005
Petitioner
Chandrasen Swarnkar
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3034 of 2005
Petitioner
Mahesh Ram Swarnkar
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No, 3035 of 2005
Petitioner
H. C. Patel
Versus
Respondents
State of ChhatKsgarh and othere
Writ Petition No, 3102 pf 2QQ5
Petitioner
L.P. Pradhan
Versus
Respondents
Stete of ChhatUsgarh and others
Writ Petition No. 3263 of 2005
Petitioner
Smt. Jawa Kusum Majumdar
Versus
Respondents
State of Chhattisgarh and others
WritPetition No. 3474 of 2005
Petitioner
B.L. Pradhan
Versus
Respondents
State of Chhattisgarh and others
10
Writ Petihon No. 3475 of 2005
Petitioner
V.K. Nayak
Versus
Respondents
Stgte of Chhattisgarh and others
Writ Petition No, 3476 of 2005
Petitioner
J.R. Naik
Versus
Respondents
State of ChhatUsgarh and others
Writ Petition No. 3477 of 2005
Petitioner
S.R. Patel
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3478 of 2005
Petitioner
B.L. Bagarti
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 3479 of 2005
Petitioner
T.C. Pradhan
Vereus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3480 of 2005
Petitioner
KhemRajPatel
Versus
Respondents
State of Chhatti^arh and others
Writ Petition No. 3481 of 2005
Petitioner
Kripa Ram Patel
Versus
Respondents Stateof Chhattisgarh and others
11
<^
WritPetitionNo.3482
Petitioner
Respondents
B.L. Chhatrapati
Versus State <rf Chhattisgarh and others
Writ Petition No. 3483 of 2005
Petitioner
Respondents
C.R. Choudhary
Versus State of Chhattlsgarh and others
Wnt Petition No. 3484 of 20)5
Petitioner
K.S. Pradhan
Versus
Respondente
State of Chhaftjsgarh and others
Writ Petition No. 3485 of 2005
Petitioner
Vimal Kumar Sahu
Versus
Respondente
State ofChhattisgarh and others
Writ Petition No. 3486 of 2005
Petitioner Set Kumar Yadav
Versus
Respondents State of Chhatt'sgarh and others
Writ Petition No. 3487 of 2005
Petitioner Satyanand Bhoi Versus
Respondents State of Chhattisgarh and others
Writ_Petitjon No. 3488 of 2005
Petitioner
A.C.Das
Versus Respondents Stats of Chhattisgarh and others
12
Writ Petition No.6156 of 2006
Petitioner
D.C.Dwivedi
Versus
Respondente State ofChhatfisgarh and others
Writ Petition No.3558 of 2M5
Petitioners
Dinesh KumarAgrawal and others
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No.3576 of 2005
Petitioner
B.U.B. Reddy
Versus
Respondents
State of Chhattlsgarh and others
WritPetitionNo.3577 of 2005
Petitioner
P. Bhogi Raju
Versus
Respondents
Stete of Chhattisgarh and others
Writ Petition No.3578 of 2005
Petitioner
Y. Veera Swamy
Versus
Respondents State of Chhattisgarh and others
WritPetitionNo.3579 of 2005
PeCtioner
Smt. N. Laxmi
Versus
Respondents State of Chhattisgarh and otfiers
13
Writ Petition No.35%) of 2005
Petitioner
M. Shiv Prasad
Versus Respondents St?te of Chhattisgarh and others
WritPetitionNo.3581 of 2005
Peh'tioner J. Ganapathi Rao Versus Respondents State of Chhattisgarh and others
WritPetitionNo.3582 of 2005
Petitioner
Smt. M. Ratna Bai
Versus Respondents State of Chhattisgarh and ottiers
Writ PetiBon No.3583 of 2005
Petitioner
Smt. B. Rama Bharti
Versus Respondents State ofChhattisgarh and others
WritPetitionNo.3585 of 2005
Petitioner
Smt. K. Vijayalalcshmi
Versus
Respondents State of ChhatBsgarh and others
WntPetitjon No.3586 of 20%
Petitioner Smt. Sunanda Rani Dey Versus Respondents State of Chhattisgarh and others
Writ Petition No.3587 of 2005
Petitioner V. Subramanyam Versus Respondents State of Chhattisgarh and others
14
WritPetitionNo.3588 of 2005
Petitioner I. Venkata Ramana Versus Respondente State ofChhatt'sgarh and offiers
Writ Petition No. 3589 of2(X)5
Petitioner
Smt. Y. Sharda
Versus
Respondents
State ofChhatfisgarh and others
Wnt^etiflonNo,359aof2005
Petitioner
Smt. A. Shobha Naidu
Versus
Respondents
State of Chhattisgarh and others
ffidtPetitJonJ^3591_ef2QQ5
Petitioner
K. Soma Sekhar Sharma
Vereus
Responclents State ofChhattisgarh and others
WnLPe'Ktion No^35^2^f2M5
Petitioner
Respondente
Versus
M. Rama Rao State of Chhattisgarh and others
Writ Petition No. 3783 of 2005
Petitioner Atcshay Kumar & others Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 3784 Qf 2005
Petitioners
Mahesh Kumar Chandrakar and others
Versus Respondente State of Chhattisgarh and others
15
@
Writ PeBtion No. 3803 of 20)5 Petitioner Mahendra Kashyap Versus Respondents Stete of Chhattisgarh and others
WritPetition No^38Q4 012QQ5 Petitioner Rajesh Chandra Sahu Versus Responcfents State of Chhattisgarh and othere
Writ Petition No. 3805 of 2005
Petitioner
B.J.Kumar
Versus Respondents State ofChhattisgarh and ottiers
Writ Petition No. 3806 of 2005
Petitioner
Smt. N. Gottlieb
Versus Respondents State ofChhattfsgarh and others
Writ Petition No. 3822 of 2005
Petitioner
M.R. Kashyap
Versus Respondents Stete of ChhatUsgarh and others
Writ Petifion No. 3823 of 2005
Petitioner Chaitram Yadav Versus Respondente State ofChhattisgarh and others
Writ Petition No. 3829 of 20)5
Petitioner V.K. Purohit
Versus Respondents State of Chhaffisgarti and others
16
WritPetitionNo.3830 of20)5
Petitioner
B.P. Sahu
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 3831 of 2005
Petitioner
J.B. Pradhan
Versus
Respondents
State ofChhattisgarh and others
Writ Petition No. 3832 of 2005
Petitioner
S.D. Pradhan
Versus
Respondents
State of ChhatUsgarh and others
WritPetition No. 3833 of 2005
Petitioner
T.L. Yadu
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3835 of 20)5
Petitioner Jogsfngh
Versus
Respondents State of ChhatU^arh and others
Wnt Petjtion No, 3836 of 2005
Petitioner R.N. Pradhan Versus Respondente State ofChhattisgarh and others
Writ Petition No. 3837 of 2005
Petitioner
I.G. Goswami
Vereus
Respondents State of Chhattisgarh and others
17
Writ Petitioni'io, 3838 of2005
Petitioner J.K Bhoi
Versus Respondente State of Chhattisgarh and others
Writ Petition No. 3839 of 2005
Petitioner
S.N.Sahu
Vereus
Respondents
State ofChhattisgarh and others
Writ Petition No. 3841 of 2005
Petitioner Anant Ram
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3861 of 2005
Petittoner
Smt. Uma Sheel
Vereus
Respondents State ofChhattisgarh and others
Writ PetitionNo. 3862 of 2005
Petitioner
Sandh^ Rani Jena
Versus
Respondente State of Chhattisgarh and others
Wnt Petition No. 3863 of 2(X35
Petitioner
M.V.M. Satya Narayana
Versus
Respondents Stete of Chhattisgarh and others
Writ Petition No. 3865 of 2005
Petitioner
K.C. Panda
Versus Respondents State of Chhattisgarh and others
1S
Writ PeUtion No. 3874 of 2005
Petitioner Raghav Ram Rajput Versus Respondents State of ChhatUsgarh and others
Writ Petition No. 3878 of 2005
Petitioner
Respondents
P. Meher
Versus State ofChhatti^arh and othere
Writ Petition No. 3879 of 2005
Petitioner
V.B. Satpathy
Versus Respondents State of Chhattisgarti and othere
Writ Petition No. 3880 of 2005
Petitioner
R.S. Pradhan
Versus Respondents State ofChhattisgarh and others
WntPetition ^3881 of 20)5
Petitioner Surendra Bhoi
Versus Respondente State of Chhattisgarh and others
Writ Petition No. 3884 of 2005
Petitioner O.P. Choudhari Versus Respondents State of Chhattisgarh and ofliers
Writ Petition No, 3887 oL2CX)5
Petitioner Gajraj Pradhan Versus Respondents State of Chhattisgarh and others
19
Wrtt Petition No. 3888 of 2005
Petitioner
H.K. Patro
Versus Respondente State of ChhatBsgarh and ottiers
WritPetition No,3896 of 2005 Petitioner K.N. Patel
Versus Respondente State of Chhattisgarh and others
Writ Petition No. 3900 of 2005
Petitioner
P. Bhoi
Versus
Respondente State of Chhattisgarti and others
Writ PetiCon No. 3901 of 2005
Petitioner C.R. Pradhan Versus Respondents State ofChhattisgarh and others
Writ Petition No. 3902 of 2005
Petitioner K.R.Patel
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3903 of 2005
Petitioner R.K. Pradhan
Versus
Respondents State ofChhattisgarh and otfiers
Writ PeUtion No. 30)4 of 2005
Petitioner Smt. Janak Pradhan
Versus
Respondents State of Chhattisgarh and others
^I
20
Writ Petition No. 3905 of 2005 Petitioner S.R. Patel Versus Respondents State of Chhattisgarh and ottiers Writ Petition No. 3906 ot2(XS Petitioner Parmanand Bhoi Versus Respondents State ofChhatUsgarh and others Writ Petition No. 3908 of 2W5 Petitioner S.Dey Versus Respondents State of Chhattisgarh and others Wrtt Petition No. 3909 of 2005 Petitioner N.C, Dey Versus Respondents State of ChhatUsgarh and others Writ Petition No. 3910 of2005 Petitioner Smt. D. Das Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3911 of 2005 Petitfoner Smt. T. Mukharjee Versus Respondents State of Chhattisgarh and others WritPeWon No. 3912 of 2(X)5 Petitioner P.K. Barui Versus Respondents State of Chhattisgarh and others
21
Writ Petition No. ^13 of 2005
Petitioner
R.B. Choudhary
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3914 of 2005
Petitioner
M.Dey
Versus
Respondents
Stete of Chhatti^arh and others
Writ PetitionNo. 3915 of 2005
Petitioner
SmtRitaRoy
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3916 of 2005
Petitioner
B.M. Choudhary
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3917 of 2005
Petitioner
B.K. Sarkar
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3918 of 2005
Petitioner
J. Choudhury
Versus
Respondents
State of ChhatUsgarh and others
y&itPetition No. 3919 of 2005
Petitioner
A.De
Versus
Respondente State of Chhattisgarh and others
22
-'gq
Wrlt Petition No. 3920 of 2005
Petitioner Sujit Roy Versus Respondents State of ChhatBsgarh and olhers
Writ Petition No. 3933 of 2005
Petitioner Ram Khilawan Sarraf Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3934 of 2005
Petitioner Narendra Kumar Dubey Versus Respondents State of ChhatUsgarh and othere
Writ PeUtion No. 3935 of 2005
Petitioner Sarita Shukla
Versus
Respondents State ofChhatti^arh and others
Writ Petition No. ^36 of 2005
Petitioner Ram Gopal Tiwari Versus Respondents State of Chhattisgarh and others
WritPetition No. 3937 of 2005
Petitioner Ku. E. Luies Versus Respondents State of Chhattisgarh and others
Writ Petition No. 3939 of 2005
Petitioner Sunit Francis
Versus Respondents State ofChhattisgarh and others
23
WritPetitionNo.3940of 20TO
Petitioner
Smt. Jolly Winsent
Versus
Respondents State of ChhatUsgarh and others
Writ Petition No. 3941 of 2005
Petitioner Neeraj Shrivastava Versus Respondents State ofChhattisgarh and others
WritPetitionNo.3942 ef 2005
Petitioner
Ku. P. Rajana Naldu Versus
Respondents State of Chhattisgarh and others
Writ Petffion No. 3943 of 2005
Petitioner Smt. Kusum Bai Versus Respondents State ofChhatdsgarh and others
Writ Pstition No. 3945 of 2005
Petitioner Steeven Lozarous
Vereus
Respondents State ofChhattisgarh and others
Writ Petition No. 3946 of 2005
Petitioner Avinash Chandra Upacfhyay Versus
Respondente State ofChhatUsgarti and others
Writ Petition No. 3947 ofZTOS
Petitioner Alois Minj
Versus
Respondents State of Chhattisgarh and others
24
WritPetifionNo. 3948 of 2005
Petitioner
Ranjit Singh
Versus Respondents State of Chhattisgarh and others
Writ Petftion No. 3949 of2QQ5
Petitioner Anthoney Lakra
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. ^50 of 2005
Petitioner
Manoj K. S. Baghel
Versus
Respondents Sterte of Chhattisgarh and others
WtitPetition No. 3951 of 2005
Petitioner Sirish Koranne
Versus Respondents State of Chhattisgarti and others
WritPetition No. 3952 of 2005
Pet'rtioner
Comelius Kujur
Versus Respondents State of Chhattisgarh and others
Writ PetNion No. 3953 of 2005
Petitioner Boniface Kujur
Versus
Respondents State of Chhattisgarh and ottiers
Writ Petition No. 3954 of 2005
Petitioner Nabor Kerketta
Versus Respondents State of ChhatSsgarh and othere
25
'1^
Writ Petih'Qn No. 3955 of20^
Petitioner Gautam Singh Gaharwar Versus Respondente State ofChhattisgarh and others
Writ Petibon No, 3957 of 2W&
PeCtioner
Manihar Lakra
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 3958 of 2005
Petitioner
Anuranjan Kertcetta
Versus
Respondents State ofChhattisgarh and others
Writ Petition No. 3959 of 2Q
Petitioner
Alois Lakra
Versus
Rsspondente
State of Chhattisgarh and others
WritPetitionNo. 3S6Q ot2Q05
Petitioner Nirmal Ekka
Versus
Respondents State ofChhattisgarti and othera
Writ Petition No. 3961 of 2005
Petitioner Laxmi Prasad Sinha
Versus
Respondents State of Chhattisgarh and others
Writ Pstition No. 3991 of 2005
Petitioner Konda Rao
Versus Respondents State oTChhattisgarh and others
26
Writ Petition No. 3992 of 2QS5
Petitioner
Smt. R. Pathak
Versus Respondente State of Chhattisgarh and others
Writ Petition No. 3993 of 2005 Petitioner Smt.
Smt. Munni Singh Versus State of ChhatUsgarh and others
Respondents
Writ Petition No. 3994 of 2005
Petitioner
Smt. P. Kachhap
Versus Respondents Stete of Chhattisgarh and others
Writ Petifen No. 3995 of 20S
Petitioner Smt. Sabina Xalxo Versus Respondents StateofChhattisgarh and others
Writ Petition No. 3996 of 2005
Petitioner Ajit Kujur Vereus Respondente State of Chhattisgarh and others
Writ Petition No. 3997 of 2005
Petitioner Smt. Christina Tigga Versus Respondents Sfate of Chhattisgarh and othere
WritPetitiQfLNo. 3998 ^f 2005 Petitioner Ku. Phulkena Kujur Versus Respondents State of Chhattisgarh and others
27
Writ Petition No. 3999 of 2005
Petitioner IsaacTirkey
Versus
Respondents State of Chhafflsgarh and others
Writ Petition No. 400) ol2Q05
Petitioner
Smt. Sharda Devi
Versus
Respondents
State ofChhattisgarh and others
Writ Petition No. 4001 of 2005
,letitioner
Ku. P.S. Zema
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4002 of 2TO5
Petitioner Sushma Toppo
Versus Respondents State of Chhaffisgarh and others
Writ Petition No. 4003 of 20)5
Petitioner
Smt. A.F. Hashmi
Vereus Respondents State of Chhattisgarh and others
Writ Petition No. 4004 of 2TO5
Petitioner
R.K. Lall
Vereus Respondents State of Chhattisgarh and others
Writ Petition No. 4005 of 2005
Petitioner
Smt. S. Acquilla
Versus Respondents State of Chhaffisgarh and others
28
\z
Writ Petition No. 4006 of 2005
Petitioner
Muni Singh
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 4007 of 2005
Petitioner
Smt. Yajana Borker
Versus
Respondents State ofChhattisgarh and others
Writ Petition No. 4036 of 2005
Petitioner
Pankaj Mishra
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4037 of 2005
Peft'tioner
Peft'tioner E.K. Anthoney Versus Respondents State of Chhattisgarh and ottiers
Writ Petition No. 4038 of 2005
Petitioner
Smt. F. Minj
Versus Respondents Stete of Chhattlsgarh and others
Writ Petition No. 4039 of 2005
Petitioner
P. Chinna Rao
Vereus Respondents State of Chhattisgarh and others
WritPetition No. 4042 of 2005
Petitioner Devesh Awasthi
Versus
Respondents State of Chhattisgarh and othere
29
Writ Petition No. 4043 of2(X&
Petitioner
Smt. Molly Ruben
Versus Respondents State of Chhattisgarh and oihers
Writ Petition No. 4044 of 2005 Petitioner Anthony Baraik Versus Respondents State of Chhattisgarh and others
Writ Petition No, 4045 of 2005
Petitioner Pius Toppo
Versus
Respondents Stete of Chhattlsgarh and others
Writ Pstition No. 4046 of 2005
Petitioner Anand Kumar Toppo
Versus
Respondents State of Chhattisgarh and others
Writ Petitton No. 4047 of 2005
Petitioner
Ku. Dipti Toppo
Versus Respondents State of Chhattisgarh and others
WjitPetitionNo. 4048 of 2005
Petitioner Prakash Tirkey Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 4049 of 2(ffi5
Petifioner Deonis Elda
Versus
Respondents State ofChhattfsgarh and ottiers
30
-!|
^
Writ Petition No. 4050 of 2005
Petitioner
M.C. Sarangi
Versus
Respondents Stete of Chhattisgarh and others
Writ Petition No. 4051 of 2005
Petitioner Hemant Minz Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4052 of 2005
Petttioner Dilip Kerketta
Versus Respondents State of Chh^isgarh and oifters
Writ Pstition No. 4053 of 20)5
Petitioner Jai Masih Lakara
Veisus Respondents State ofChhattisgarh and others
Writ Petition No. 4054 of 2005
Petitioner Rafel Toppo Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4055 of 2005
Petitioner Harman Bara Versus Rsspondents State of Chhattisgarh and others
Writ Petition No. 1799 of 2006
Petitioner Balaji Singh Kharsan Versus Respondents Stete of Chhattisgarh and ottiers
31
WritPetitionNo.4105 of 2005
Petitioner Abid Ekka
Vereus
Respondents State of Chhattisgarh and othters
Writ Petition No. 4107 of 2005
Petitioner Vivek Ranjan Jaiswa! Versus Respondents Stete of Chhattisgarh and others
WritPetitionNo.4109 of 2005
Petitioner Smt. Asha Dwh/edi Versus Respondente State of Chhattisgarh and others
Writ Petition No. 4110 of 2005
Petitioner
V. Bargah
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 411 1 of.2TO5
Petitioner
Petitioner Smt. S.IVI. Upadhyay Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4112 of 2005
Petitioner S.C. Soni
Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4113 of 2W5
Petitioner
Smt. S. Deshpande
Versus Respondents State of Chhattisgarh and others
32
^
Writ Petition No. 4114 of2005
Petitioner
Smt. Prabha Munje
Versus
Respondents Stete of Chhatttsgarh and others
Writ Petition No. 4117 of 2005
Petitioner
Smt. Raji Kumari Thakur
Versus
Respondents
State of ChhatUsgarh and others
WritPetition No.4118of2005
Petitioner
Smt. S. Mishra
Versus
Respondents
State of Chhattisgarh and others
WritPetition No.4119of2005
Petitioner Ashok Singh
Versus
Respondents
Stete ofChhaUsgarh and others
Writ Petition No. 4120 of 2005
Petitioner William Toppo
Versus
Respondents Sterte of ChhatUsgarh and others
Writ Petition No. 4121 of 2005
Petitioner Barnabas Kujur
Versus
Respondents State of Chhattisgarh and ottiere
Writ Petition No. 4161 of 2005
Petitioner Chandra Kiran Masih
Versus Respondents State of Chhattisgarh and others
33
^
Wrt Petitjon No. 4162 of 2005
Petitioner
Smt. S.N. Andrews
Versus Respondente Stgjte of Chhattisgarh and others
Vftit Petition No. 4163 of2(»5
Petitioner Manjula Henri Versus Respondents Stete of Chhatti^arh and others
VWt Petition No. 4164 of 2005
Petitioner
Smt. Alka Sadhu
Vsrsus Respondents State of Chhattisgarh and others
Wit Petitfon No. 4165 of 2005
Petitioner Laxmi Prasad Yadav Versus Respondents State of Chhattisgarh and others
Writ PeBHon No. 4166 of 2005
Petitioner Smt. Mamta Rani Kanwar Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4167 of 2005
Petttioner Smt. S.L. Johns Versus Respondents State of ChhatBsgarh and oUiers
Wnt Petition No. 4168 of 2005
Petitioner B.R. Chandranahu
Versus Respondents State of Chhattisgarh and others
34
w
Writ Petition No. 4169 of 2005
Pefltioner Benedict Minj Versus Respondents Sterte of Chhattisgarh and others
Writ Petition No. 4170 of 2005
Petitioner H. Anthoney
Versus Respondents State of ChhatBsgarh and others
Wnt Petition No. 4171 of 2005
Petitioner Smt. D. Francline
Versus Respondente State of Chhattisgarti and others
Wnt Petitfon No. 4172 of 2005
Petitioner
I. Minj
Versus Respondents Stete of ChhatBsgarh and othera
Writ Petition No. 4173 of 2005
Petitioner SmtS.Ekka Versus Respondenls State of Chhattisgarh and others
Writ Petition No. 4174 of 2005
Petitioner Jung Bahadurt Gurung Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4175 of 2005
Petitioner Victor Barwa Versus Respondents State of Chhattisgarh and others
:sai
35
^
Wnt^etiUonNo. 4176 of 20)5
Petitioner Jagdeo Ram Versus Respondents State of Chhath'sgarh and otfiers
Writ Petition No. 4177 of 2005
Petitioner Ronatd R. Peter
Versus Respondents State of Chhattisgarh and ottiers
Writ Petifon No. 4178 of 2005
Petitioner Smt. Archana Das
Versus
Respondents State ofChhattisgarh and others
Writ Petition No. 4179 of 2005
Petitioner Miss Rukhsana Usmani Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4180 of 2005
Petitioner Smt. P.S. Pillai Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4181 of 2005
Petitioner Rameshwar Prasad Chandrakar Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4182 of 2005
Petttioner Ku. S. M. Lal Versus Respondente State of Chhattisgarh and otfiers
36
WritPetition No. 4185 of 2005
Petitioner
Respondents
Versus
Smt. T. Emeelya Hemlata State of Chhattisgarh and dlhers
Writ Petition No. 4186 of 2005
Petitioner Santosh Kumar Yadav Versus Respondente State of Chhattisgarh and others
Writ Petition No. 4187 of 2005
Petitioner
Smt. Viviyan Scott
Versus
Respondents
Stete of Chhattisgarh and others
WritPetition No. 4188 of 2005
Petitioner
Smt. A.M. Barde
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4189 of 2005
Petitioner
Smt. Mridula Peter
Versus Respondente State ofChhattisgarh and ottiers
Writ Petition No. 4218 of 2W5
Petitioner H.K. Deshmukh Versus Respondents State ofChhattisgarh and others
Wnt Petition No. 4222 of 2005
Petitioner
D.K. Pareta
Versus Respondente State ofChhattisgarh and ottiers
37
WritPeBtion No. 4224 of 2005
Petitioner
I.P. Sahu
Versus Respondente State ofChhattisgarh and others
WritPeStion No. 4225 of 2005
Petitioner Smt. Razi Vaddan Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4226 of 2005 Petitioner P.N. ^irawal Versus Respondents State of ChhaUsgarh and others
Writ Petition No. 4227 of 2005 Petitioner D.K. Swamakar Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4228 of 2005 Petitioner Ravi Kumar Sharma Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4229of2®5
Petitioner N.K. Royzada
Versus
Respondents State of ChhatUsgarh and others
Writ Petition No. 4230 of 2005
Petitioner
P.L. Dewangan
Versus Respondents State of Chhattisgarh and others
38
Writ Petition No. 4231 of 2005 Petitioner M.L. Sharma Versus Respondents .State ofChhattisgarh
M.L. Sharma
Versus .State ofChhattisgarh and othere
Writ Pefition No. 4232 of 2005 Petitioner Smt.
Smt. Pushpa Shrivastava State of Chhatdsgarh and others
Versus
Respondents
Writ Petition No. 4233 of 2ffi)5
Petitioner
Respondents
Smt. Usha Deshmukh
Versus State ofChhattisgarh and others
Writ Petition No. 4234 of 2005
Petitioner
Smt. Sudha Nath
Versus Respondente State ofChhattisgarh and others
Writ Petition No. 4235 of 2005
Petitioner
Smt. Usha Thoke
Vereus
Respondents
State of Chhath'sgarh and others
WritPetitionNo.4236 of 2005
Petitioner
Respondents
Versus
Smt. Kamar Sultana State of Chhattisgarh and ottiers
Writ Petition No. 4237 of 2W5
Petitioner
G.D. Jangade
Versus Respondents Stete of Chhattisgarh and others
39
^
Writ Petition No. 4238 of 20)5
Petitioner
Respondents
R.K. Deo
Versus State of Chhattisgarh and others
WritPetitlon Na4248 of 2005
Petitioner
Respondente
Versus
Smt. Anjali Shrivastava Stete of Chhattisgarh and others
Writ Petition No. 4249 of 2005
Petitioner
Smt. Lalita Thakur
Versus
Respondents State ofChhattisgarh and others
Writ Petition No. 4321 cf 2005
Petitioners
Ashok Hazara & othere
Versus
Respondente State of Chhattisgarh and others
Wrrt PetiUon No. 4322 of 2005
Petitioners
Smt. Chhitra Nagpal and others
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4459 of 2005
Petitioner Sukhi Ram
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4460 of 2005
Petitioner K.S. Thakur
Vereus
Respondents State of ChhatUsgartt and others
40
Writ Petition No. 4461 of 2005
Petitioner
Smt. N. Chopda
Versus
Respondents State of Chhattisgarti and oUiers
Writ Petition No. 4462 of 2005
Petitioner
Respondsnts
Versus
Ram Singh Kanvart Stete of Chhattisgarh and others
WntPetltjon No. 4469 of 2005
Petitioner
N.K. Twan
Versus
Respondente
State of Chhattisgarh and others
Writ Petition No. 4471 of 2005
Petitioner
R.N. Jaiswal
Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4472 of 2005
Petib'oner
R.L. Vishwakarma
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 4473 of 2005
Petitioner
R.K. Tiwari
Versus
Respondente State ofChhattisgarh and others
Writ Petition No. 4474 of 2005
Petitioner
Ku. P. Kaser
Versus Respondents State of Chhath'sgarh and others
41
WritPeUtjon No.4475 of2Qre
Petitioner
Thamas P.C.
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4476 of 2005 Petitioner Mahendra Kumar Versus Respondents State of Chhattisgarh and others
WritPe1BtionNo,447ZQf2005 Petittoner V.K. Maheshwari Versus
Respondents State ofChhattisgarh and others
Writ Petition No. 4478 of 2005 Petltioner N.K. Dewangan Versus Respondente Stete of ChhatUsgarh and othere
Writ Petition No. 4479 of 2005
Petitioner Sunita Nigam Versus Respondente State of Chhattisgarh and others
Writ Petition No. 4480 of 2005
Petitioner
Smt. R. IV!. Sharma
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4481 of 2005
Petitioner K.C. Pandey
Versus
Respondents Stete of Chhattisgarh and others
42
<^
Writ Petition No. 4482 of 2005
Petitioner
M.D. Sen
Versus
Respondents State ofChhattisgarh and olhers
Writ Petihon No. 4483 of 2005
Petitioner
S.K. Sawarkar
Versus
Respondente State of Chhattisgarh and others
Writ Petition No. 4484 of 2005
Petifener
Amrit Lat Sahu
Versus
Respondente State of Chhattfsgarh and others
Writ Petition No. 4485 of 2005
Petitioner
Mlakhanpuri Goswami
Versus
Respondents State of Chhattisgarh and others
WritPetitionNo.4486 of 2005
Petitioner
Mohan La! Sharma
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 4487 of 2005
Petitioner
Smt. Kanti Baghel
Versus
Respondents Stete ofChhattisgarh and others
WritPetitjon No. 4488 of 2005
Petitioner
Aruna Hariharno
Vereus
Respondents State of Chhattisgarh and othera —
43
Writ Petition No. 4489 of 20)5
Petitioner
Smt. B. Leela Patnaik
Versus Respondents State of Chhattisgarh and ottiers
Writ Petition No. 4490 of 2005
Petitioner
Respondente
B.L. Chandel
Versus State of Chhattisgarh and others
Writ Petition No. 4491 of 2005 Petittoner V.P.
V.P. Mishra
Versus State of Chhattisgarh and others
Respondente
Writ Petition No. 4492 of 2005
Petitioner
V.P. Sharma
Versus Respondents State ofChhattisgarh and othere
Writ Petition No. 4493 of 2005
Petitioner T.K. Choudhary Versus Respondents Stete of Chhattisgarh and others Writ Petition No. 4511 of 2005 Petitioner Anand Kumar Mandat Versus Respondente State of Chhattisgarft and others Writ Petition No. 4512 of 2005 Petitioner Radha Gow'nd Tiwari Versus Respondente State of Chhattisgarh and others
44
l^
Writ Petition No. 4513 of 2005
Petitloner
Ku. Margret niilip
Versus Respondents State of Chhattisgarh and ofters
Writ Petition No, 4514of2005
Petitioner
B.L. Kushwaha
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4517 of 2005
Petitioner James Ekka
Versus Respondents State of ChhatSsgarh and ottiers
Writ Petition No. 4518 of 2005
Petitioner
Smt. Swarup Bai Dansena
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4519 of 20)5
Petitioner Shibapada Baidya Versus Respondents State of Chhaffisgarh and others
Writ PetMon No. 4520 of20Q5
Petitioner Deo Kumar Gupta Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 4521 of 2005
Petitioner Smt. Prabha Singh Rana Versus Respondents State of ChhatBsgarh and others
45
^\
Writ PetitionNo. 4525 of 2005
Petitioners
Smt. N. Sheikh & others
Versus
Respondents State of Chhattisgarh and o&iers
Writ Petition No. 4529 of 2005
Petitioner
Smt.AkhtarShah
Versus
Respondents State ofChhattisgarh and oUiers
Writ Petition No. 4530 of 2005
Petitioner
Ku. Rehana Shahnaz
Versus Respondente State of ChhatBsgarh and others
Writ Petition No. 4531 of 2005
Petitioner Smt. Qadeer Khan Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4532 of 2005
Petftioner Bhau Rao Bagade Versus Respondents Stete of ChhatUsgarh and others
Wrjt PetitiQn No. 4533 of 20)5
Petitioner
N.V.Rao
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 4534 of 2005
Petitioner Smt. D.S. Laxmi Versus Respondents State of Chhattisgarh and others
46
w
WntPeUtion N.o. 4535^(2005
Petitioner
D. Ramam
Vereus
Respondents
State ofChhattisgarh and others
Writ Petibon No, 4663 of 2W5
Petitioners
Respondents
Ratnesh Benjamin & others Versus State of Chhattisgarh and others
Writ Petition No. 4664 of 2005
Petitionera
Mohd. Shoaeb Ansari & others
Versus
Respondents
State of Chhattisgarti and others
Writ Petition No. 4680 of 2005
Petitioner
Respondents
Joseph Tigga Versus
State of Chhattisgarh and others
Writ Petition No. 4681 of 2WS
Petitioners
Ku. Mary Patel Xalxo and others
Versus
Respondents
State ofChhattisgarh and others
Writ Petition No. 4682 of 2005
Petitioner
Bhinsent Kujur Versus
Respondents Stete of Chhattisgarh and othere
Writ Petition No. 4683 of 2005
Petitioner Marcus Panna
Versus Respondents State ofChhattisgarh and others
47
'l^
Writ Petition No. 4684 of 2005
Petitioner Ruben Tirkey
Versus
Respondente State ofChhattisgarh and ottiers
Writ Petition No. 4685 of 2005
Petitfoner Anugrah Kujur
Versus
Respondenfs State of Chhattisgarh and others
Writ Petition No. 4713 of 2005
Petitioner Radheshyam Barik Versus Respondents State of Chhattisgarh and others
WritPetition No. 4737 of 2005
Petitioner Smt. Sulochana
Versus Respondents State ofChhattisgarh and others
Writ^efflon No. 4739et20Q5
Petftioner Nicodin Barwa
Versus
Respondents State ofChhattfsgarh and others
Writ Petition No. 4740 of 2005
Petitioner Shankar Ram Gupta
Versus
Respondents State of Chhattisgarh and othere
Writ Petition No. 4745 of 2005
Petitioner James Ekka
Versus Respondents State of Chhattisgarh and others
48
l€
Writ Petition No. 4746 of 2005
Petitioner
Ku. Arik Mary Rose Bachmann
Vereus Respondente State ofChhattisgarh and others
Mfrit^ettotLNo.4747
Petitioner Fuljene Lakara Versus Respondents State of Chhattlsgarh and others
Writ Petition No. 4749 of 2005
Petitioner Martin Toppo Versus Respondents State ofChhattisgarh and others
WritPetitionNo.4767 of 2005
Pstifoner
M. Kateem
Versus Respondents State of Chhattisgarh and others
Writ Petitlon No. 4785 of 2005
Petitioner Suresh Chand Sharma Versus Respondente State ofChhattisgarh and others
WritPetitionNo. 4798 of 2005
Petitioner Ku. Anastsiya Kujur
Versus Respondsnts Stete of ChhatUsgarh and others
Writ Petition No. 4800 of 2005
Petitioner
Ku. Ememcia Ekka
Versus Respondents State of Chhattisgarh and ottiers
49
Wnt PetittonNo. 4801 of 2005
Petitioner
Edward Tirkey
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4802 of 2005
Petitioner
Ku. Deodatta Ekka
Vereus
Respondente
State of Chhattisgarh and others
Writ Petition No. 4803 of 20)5
Petitioner
Miss Sabina Lakra
Versus
Respondents
State of ChhatBsgarhand others
Writ Petition No. 4804 of 2005
Petitioner
Ku. Carmela Ekka
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 4805 of2(X35
Petitioner
Ku. Clementina Tirkey
Versus
Respondents
Stete of Chhattisgarh and others
Writ Petition No. 4806 of 2005
Petitioner
Ku. Lawrencia Lataa
Versus
Respondents State ofChhattisgarh and others
Writ Petition No. 4807 of 2005
Petitioner
Martin Ekka
Versus Respondents State of Chhattisgarh and others
50
Writ Petition No. 4808 of 2005
Petitioner
Ku. Dilbaso Ekka
Vereus Respondents State ofChhattisgarh and others
Writ Petition No. 4809 of 2005
Petitioner Harit Ram Versus Respondents State of Chhattisgarh and ottiers
Writ Petition No. 4810 of 2005
Petitioner
Ku. Bertha Toppo
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4811 of 2Q05
Petitioner Ku. Lavrencia Kujur Versus Respondents State of Chhattisgarti and others
Writ Petition No. 4812 of 2005
Petitioner
Petitioner Ku. Sushana Kujur Versus Respondents State ofChhattisgarh and othere
Writ Petition No. 4813 of 2005
Petitioner
Ku. Tarsila Toppo
Versus
Responderrts State of Chhattisgarh and others
VVriLPetition No^4814of 2005
Petitioner Ku. Many Fransisca Lakra Versus Respondents State of Chhattisgarh and others
51
Writ Petition No. 4815 of 2005
Petitioner Ku. Agnes Lakra Versus Respondents State of Chhattlsgarh and others
WritPetitiontto. 4816 of 2005
Petitioner Virgina Kerketta Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4817 of 2005
Petitioner Selvester Ekka
Versus Respondents State ofChhattisgarh and others
Writ Petition No. 4859 of 2005
Petitioner Smt. S. Roy Versus Respondents State of Chhaffisgarh and others
Writ Petition No. 4860 of 2005
Petitioner Smt. K. Talukdar
Versus Respondente State ofChhattisgarh and others
Writ Petition No. 4861 of 2005
Petftioner
Smt. M. Roy
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 4862 of 2035
Petitioner
Smt. S. Bhattacharjee
Versus Respondents State of Chhatttsgarh and ottiers
52
WritPetitionNo. 5004 of 2005
Petitioner V.T. Peter
Versus Respondents State of Chhattisgarti and others
Writ Petition No. 5086 of 2005
Petitioner
Respondents
M.R. Dewangen
Versus State of Chhattlsgarh and others
Writ Petition No. 5088 of 2005
Petitioner F.L. Pandey Versus Respondents State ofChhattisgarh and others
Writ Petition No. 5089 cf 2005
Petitioner B.L. Shandilya Versus Respondents Stete of Chhattisgarh and othere
Writ Petition No. 5090 of 2005
Petitioner S.N. Chaudhari
Vereus Respondents State of Chhattisgarh and others
Wnt Petition No. 5092 of 2005
Petitioner R.L. Sahu
Versus
Respondente State of Chhattisgarh and others
WritPetition No. 5093 of 2005
Petitioner H.G. Goswami
Versus Respondente State of Chhattisgarh and others
53
Writ Petition No. 5135 of 2005
Petitioners
Respondents
Versus
Vinod Kumar Sharma and others
» State of Chhattisgarh and others
Writ PeU'tion No. 5191 of 2005
Petitioner
Jogchim Kisptta
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 52% of 20)5
Petitioner
Niryus Lakara
Versus
Respondents
Stete of Chhafflsgarh and others
Writ Petition No.5237 of 2005
Petitioner
Smt. Maristella Lakara
Vereus
Respondents State of Chhattisgarh and others
WritPettton No. 5238 of 2005
Petitioner
Ku. Chonhanti Tirkey
Versus
Respondents State of Chhattlsgarh and others
Writ Petition No. 5239 of 2005
Petitioner
Respondents
Versus
Ku. Scholastica Soureng State of Chhattisgarh and others
Writ Petitton No. 5240 of 2005
Petitioner
Smt. Jesinta Kujur
Versus Respondents State of ChhatUsgarh and others
54
WritPetitionNo.5241 of 2005
Petitioner
Hylarius Mfnz
Versus
Respondents State of Chhattisgarh and others
Writ Peh'tion No. 5242 of 2005
Petitioner Abraham Lakara Versus Respondents State of Chhattisgarh and others
WjtPetiHon N0^5243 of2005
Petitioner Ku. Victoriya Tirkey Versus Respondents Stete of Chhattisgarh and others
Writ Pefflion No. 5245 of 2005
Petitioner Athanas Kujur Versus
Respondente State of Chhattlsgarh and others
Writ Petition No. 5252 of 2005
Petitioner Suresh Chandra IVIahapafra Versus Respondents State of Chhattisgarh and others
Writ Petition No. 5253 of 2005
Petitioner Jermarius Kujur Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5254 of 2005
Petitioner Vinay Kumar Gupta Versus Respondents State of Chhattisgarh and others
55
Writ Petition No. 5255 of 2005
Petitioner
Oevnandan Prasad
Versus
Respondents Stete of Chhattisgarh and others
Writ Petition No. 5256 of 2005
Petitioner
Smt. Jasinta Ekka
Versus Respondents State ofChhattisgarh and others
Writ Petition No. 5257 of 2005
Petitioner
FeJisita Beck
Versus Rsspondents State ofChhattisgarh and others
Writ Petition No. 5258 of 2005
Petitioner Ram Pratap Tiwari Versus Respondents State of Chhattisgarh and others
Writ Petition No. 5259 of 2005
Petitioner Athnas Bara
Versus Respondents State ofChhattisgarh and others
Writ Petition No. 5303 of 2005
Petitioner William Lakara VCRUS Respondents State ofChhattisgarh and others
Writ Petition No. 5304 of 2005
Petitionsr Amaldas Minz Vereus Respondents State ofChhatti^arh and others
56
WritPetition No. 5305 of 2005
Petitioner Elisius Kujur
Vereus
Respondents State ofChhattisgarh and others
Writ Petition No. 5306 of 2005
Petitioner
Devsharan Pandey
Versus
Respondents Stete of Chhatt'sgarh and others
Writ Petition No. 5307 of 2005
Petitioner
Amn Kujur
Versus
Respondents Stete of Chhafflsgarh and others
Writ Petition No. 5308 of 2005
Petitioner
Hiznus Toppo
Versus Respondents Stete of Chhattisgarh and others
Writ Petition No. 53W of 2005
PeUtioner Hiznus Kerketta
Versus Respondents State ofChhattlsgarh and Qthers
Writ Petition No. 5310 of 2005
Petitioner Mariyanus Ekka Versus Respondents State of Chhattisgarh and others
Writ Petition No. 5311 of 2005
Petitioner Gregori Tigga Versus Respondents State of Chhattisgarh and others
57
^l
Writ Petition No. 5312 of 2005
Petitioner
Birsu Singh Thakur
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5313 of 2005
Petitioner
Respondents
Rajkumar Prasad Mishra Versus State of Chhattisgarh and others
Writ Petition No. 5314 of 2005
Petitioner
Smt. Jyoti Kerketta
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5430 of 2005
Petitioner
Smt. Silmanti Tirkey
Versus
Respondents Stete of ChhatUsgarh and others
Writ Petition No. 5446 of 2005
Petitioner
Respondents
Smt. Marry Ekka Versus State of Chhattisgarh and othere
Writ Petition No. 5470 of 2005
Petitioner Bhaskar Dutta Thyari Versus
Respondente State of Chhattisgarh and others
WritPetitionNo.5531 of 2005
Petitioner Nestore Tirkey Versus Respondents State of Chhattisgarh and others
58
Writ Petition No. 5532 of 2005
Petitioner
Theophil Kujur
Versus Respondents State of Chhattisgarh and ofliers
Writ Petition No. 5533 of 2005
Petitioner Ku. Sushita Dungdung Versus Respondents State of ChhatUsgarh and others
Writ^etition No. 5534 of 2005
Petitioner
Clara Toppo
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 5535 of 2005
Pefflioner
Byatore Kujur
Versus
Respondents Stats of Chhattisgarh and others
Writ Petition No. 5536 of 2005
Petitioner Agustus Lakara
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5537 of 2005
Petitioner
Ku. Prafulla Kujur
Versus Respondsnts State of Chhattisgarh and others
Writ Petition No. 5538 of 2005
Petitioner Kheetu Ram Panda
Versus Respondents State of Chhattisgarh and others
59
Writ Petitfon No. 5542 of 2005
Petitioner
Bihari Lal Rathia
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5560 of 2005
Petitioner William Toppo Versus Respondents Stete of Chhattisgarh antf others
Writ Petition No. 5561 of 2005
Petitioner
Patrik Bakhala
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5582 of 2005
Petitioner Yogal Kumar Tirkey Versus
Respondents Stetfe of Chhattisgarh and others
Writ Petition No. 5583 of 2005
Petitioner Vijay Ekka
Versus
Respondents State of Chhattisgarh and others
Wr'rt Petition No. 5584 of 2005
Petitioner Michail Ekka
Versus
Respondents State of Chhattisgarh and others
WritPetition No. 5585 of2005
Petitioner Philmon Lakara
Versus Respondente State of Chhattisgarh and others
60
Writ Petition No. 5586 of 2005
Petitioner
RudoffEkka
Versus
Respondents State of Chhattisgarh and others
Writ Petition No. 5587 of 2005
Petitioner
Jerom Lakara
Versus Respondents State of Chhattisgarh and others
Writ Petition No. 5588 of 2005
Petitioner
Agustus Ekka
Versus
Respondents State of Chhattisgarh and othsrs
Writ Petition No. 5589 of 20)5
Petitioner Clement Tirkey Versus Respondents State of Chhattisgarh and others
Writ Petition No. 5590 of 2005
Petitioner
Ku. Matinda Lakara
Versus
Respondents State of ChhatUsgarh and others
Writ Petition No. 5606 of 2005
Petitioner Habil Ekka Versus Respondents State ofChhattisgarh and others
Writ Petition No. 5607 of 2005
Petitioner
Seraphim Kerketta
Versus Responderrts State of Chhattisgarh and others
61
u
Writ Petition No. 5608 of 2005
Petitioner
Rengsa Indnar
Versus
Respondents
State of Chhattisgarh and bthers
Writ Petition No. 5609 of 20)5
Petitioner
Theophil Kujur
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. 5610 of 2005
Petitioner
Ruben Kujur
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No.5611 of 2005
Petitioner
Bhushan Xalxo
Versus
Respondente State ofChhattisgarh and others
Writ Petition No. 5614 of 2005
Petitioner
Jyoti Prakash Tirkey
Versus
Respondents State of ChhatUsgarh and ottiers
Writ Petitjon No.^15of2005
Petitioner
Ishak Tirkey
Versus
Respondents
Slate of Chhattisgarh and others
Writ Petition No. 5619 of 2005
Petitioner Fabianus Beck
Vereus Respondents State of Chhattisgarh and ottiers
62
i^i
Writ Petition No. 5620 of 2005
Petitioner Praveen Ku. Singh Versus Rsspondents State of Chhattlsgarh and olhers
Writ Petition No. 5621 of 2005
Petitioner Anil Ku. Gupta Versus Respondents Stats of ChhatUsgarh and others
Writ Petition No. 5622 of 2005
Petitioner Pascal Xess
Respondents
Vereus State of Chhattisgarh and others
Writ Petition No. 5623 of 20)5
Petitioner Ajit Praful Minz Versus Respondents State of ChhatBsgarh and others
Respondents
Writ Petition No. 5624 of 2005
Petitioner Hermanus Baxala Versus Respondents State of Chhattisgarh and others
Writ Petition No. 5625 of 2005
Petitioner Alois Walsoni Minz
Versus Respondente State of ChhatNsgarh and others
Writ Petition No. 5626 of 2005 Petitioner Clement Lakara Versus Respondents State of Chhattisgarh and others •
63
1S.
Writ Petition No. 5627 of 2TO5
Petitioners
Baldau Prasad SwamkarS others
Versus
Respondents
State of Chhattisgarh and others
Writ Petition No. X28 of 2005
Petitioner
Basant Kumar Chandrakar
Versus
Respondente
State of Chhattisgarh and others
Writ Petition No. 5629 of 2005
Petitioner
Ctetus Tirkey
Versus
Respondents
State of Chhattisgarh and others
WMPeWon No. 5630 of 2005
Petitioner
Telesfore Kujur
Versus
Respondents State of Chhatttsgarh and others
Writ Petition No. 5644 of 2005
Petitioner
Smt. Jois Larensh Singh
Versus
Respondents State of Chhattisgarh and others
Writ PeUtion No. 5687 of 20Q5
Petitioner
Smt. Api Kujur
Versus
Respondente State of ChhaUsgarh and others
Writ Petition No. 5688 of 2005
Petitioner
Smt. Regina Kujur
Versus Respondents State of Chhattlsgarh and others
64
Writ Petifon No. 5689 of2TO5
Petitioner
Respondents
Versus
Ashok Ku. Tigga . Stete of ChhaUsgarh and others
Writ Pefflion No. 5690 of 2005
Petitioner
Benjamin Lakra
Versus
Respondsnts Stete of Chhattisgarh and others
Writ Petition No. 5691 of 2)05
Petitioner
Smt. Jasinta Kerketta
Versus
Respondente State ofChhattisgarh and others
Writ Petition No.5592 of 2005
Petitioner
Wfillfam Tirkey
Versus
Respondents State of Chhattisgarh and others
WritPetitionNo.5693 of 20)5
Petitioner Gregori Ekka Versus Respondsnts State of Chhattisgarh and others
Writ Petition No. 94 of2QQ5
Petitioner Vinsent Lakra
Versus
Respondente State of Chhatt'sgarh and ottiers
Writ Petition No.5695 of 2005
Petitioner Johan Beck
Versus Respondente State of Chhattisgarh and others
65
Writ Petition No.5696 of 2005
Petitioner Libnus Xaxa
Versus Respondents State ofChhattisgarh and others
Writ Petition No.5697 of 2005
Petitioner Philip Tirkey Versus
Respondents State of Chhattisgarh and others
Writ Petition No.5698 of 2005
Petitioner
Clril Xabeo
Versus
Respondente
State ofChhattisgarh and others
WritPetiUonNo.5699 of 2005
Petitioner Michaet Beck
Versus Respondents State of Chhattisgarh and others
WritPetitionNo.5700 of 2005
Petitioner Remis Bara
Versus Respondents State of Chhattisgarh and others
WntPetitionNo.5%1of 2005
Petitioner
Smt. Lucia Tirkey
Versus Respondents State of Chhattisgarh and others
Writ Petition No .5702 of 2005
Petitioner Ku. Dorothia Kerketta
Vereus Respondente State of Chhattisgarh and oUiers
WritPetitionNo.5703 of2(X)5
Petitioner
Smt. Jyoti Lakra
Versus
Respondents
State of Chhattisgarh and dthers
WritPetitionNo.5704 of 2005
Petitioner
Respondents
Pascat Xalxo Versus State of Chhattisgarh and others
Writ Petition No .5705 of2005
Petitioner
Respondente
Albinus Kerketta
Versus State of Chhattisgarh and others
WritPetitionNo.5706 of 2005
Petitioner
Ku. Susanna Toppo
Versus Respondents State of Chhattisgarh and others
WriLPetition No.5707 of 2005
Petitioner
Ku. Dayawanit Minj
Versus Respondents State of Chhattisgarh and others
Writ Pefition No.5708 of 2W5
Peh'tioner
Respondents
Versus
Pushpa Xaxa State of Chhattisgarh and others
Writ Petition No.5709 of 2005
Petitioner
Smt. Selsa Minj
Versus Respondents State of ChhatUsgarh and others
67
Wnt Petition No.5710 of 20)5 Petitioner Smt.
Petitioner Smt. Sophia Kispotta Versus Respondents State of Chhattisgarh and others
Writ Petition No.5711 oL2ffl35
Pefitioner
Respondents
Versus
Smt. Jyoti Tigga Stete of Chhattisgarh and others
WritPetitionNo.5719 of 2005
Petitioner Lucas Toppo
Versus
Respondente
Sterte of ChhatUsgarh and others
WritPetitionNo.5807 of 2005
Petitioner Jai Kumar Lakara
Versus Respondente State of ChhatBsgarh and others
Writ Pelffion No.5997 of 2005
Petitioners Dhirendra Kumar Mishra and others
Versus
Respondents State of Chhattisgarh and oUiers
V jt^8LoiLyoA@9@^Qf2ff
Petitioners Ku. Gress Mariyam Tirkey and others
Versus Respondente State of Chhattisgarh and others
WntPefitio(iNo,6034_ot2QQ5
Petitioner Ghanshyam Gupta Versus Respondents Stete of Chhattisgarh and others .
68
Writ Petition No.6035 of20Q5
Petitioner Linus Toppo
Versus Respondents State of Chhattisgarh and others
Writ Petition No.6036 of 20Q5
Petitioner Lalit Kumar Lakra
Versus
Respondente State ofChhattisgarh and others
Writ Petition No.6037 of 2005
Petitioner Heliarus Khakha
Versus Respondents State of Chhattisgarh and others
Writ Petition No.6038 of 20)5
Petitioner
Bardan Toppo
Versus Respondents Stete of Chhattisgarh and others
Writ Petition No.6039 of 2005
Petitioner Yashpal Kujur
Versus Respondents State of Chhattlsgarh and others
WritPetitionNo.WW of 2005
Petitioner Nashrit Tigga Versus Respondents State of Chhattisgarh and others
Writ Petition No.6041 of 2005
Petitioner lliyazar Toppo Versus Respondents State of Chhattisgarh and others
69
Writ Pefflion No.6042
Petitioner
Vijay Kumar Singh
Versus
Respondents
Stats of Chhattisgarh and others
Writ Petition No.6043 of 20)5
Petitioner
Smt. Pushpa Xalxo
Versus
Respondsnts
State of Chhattisgarh and others
WTitPetitionNo.6086 of 2005
Petitioners
Gayanand Prasad Pandey and others
Versus
Respondents
State of Chhattisgarh and others
WritPetitionNo.6281 of 2005
Petitionere
R.S. Rai and othera
Vereus
Respondents
State of Chhattisgarh and others
WritPetitionNo.6282 of 2005
Petitioners RamanandSoni and others
Versus
Respondents State of Chhattisgarh and others
WritPetition No.6334 of 2006
Petitioner Jagdatt Prasad Sharma Versus Respondsnts Stete of Chhattisgarh and others
Writ Petitfon No.6336 of 2006
Petitioner Shambhu Dayal Sahu Versus Respondents Stats of Chhattisgarh and others
70
Writ Petttjon No.6335 of 2006
Petitioner Dashrath Lal Yadav
Versus Respondents State of Chhattisgarh and others
WritPetitionNo.3988 of 2005
Petitioners Ram Kumar Kesharwani and others
Versus
Respondents
State of Chhattisgarti and others
WritPetitionNo.3864 of 20)5
Petitioner Lambodar Pod
Vereus
Respondents State ofChhattisgarh and others
WAPeWonJio^SQ&ofZTOe
Petitioners Johnson Peter and others
Versus
Respondente State of Chhattisgarh and others
Writ PeCTon No.2651 of 2006
Petitioners B.D. Dwivedi and others Versus Respondents State of Chhattisgarh and othere
Writ Petition No.5481 of 2005
Pefflioners Haldhar Pradhan and others Versus Respondents State of Chhattisgarh and others
Present : Mr. Sanjay K. Agrawal, Mr. Ashish Shrivastava, Mr. Manoj Paranjps, lUIrs. Fouzia Mirza, Mr. Arun Kumar Shukla, Mr. Sanjay Ram Tamrakar, Mr. Rewa Shanter
71
Patel, Mr. Ramakant Pandey, Mr. Ramakant Mishra, Mr. Neelkanth Matviya, Mr. Anoop Majumdar, Mr. Anurag Dayat Shrivastava, Mr. V.K.Pandey, Mr. Y.C.Sharma, Mr. Anupam Dubey, Mr. Shailendra Shukla, Ws. Sunita Jain, Mr. Saurabh Sharma, Mr. Saurabh Sahani, Mr. Sachin Singh Rajput, Mr. A.K.Yadav, Mr. Raghvendra Pradhan and Mr. S.S.Mishra, counsel for the petifioners.
Mr. V.V.S.Moorthy, Deputy Advocate General with Mrs. Anju Ahuja, Deputy Government Advocate for the State of Chhattisgarh/respondents.
Mr. Yashwant Tiwari, Mr. Amiyakant Tiwari, Mr. Vinay Pandey, Mr. Arvind Dubey, Mr. D.N.Prajapati, Mr. Awadh Tripathi, Mr. Sunil Sahu, Mr. Pradeep Saxena, Mr. Sankalp Jayaswal, Mr. N.L.Soni, Mr. Sunit Tripathi and Mr. B.D.Guru, counsel for the other respondents.
ORDER
(Passed on CH- Day of Febmary, 2007)
The question of law involved in this batch of writ petitions is as to whether the teachere working in Government aided schools are entitled to the benefit of recommendations of Vth Pay Commission under the provisions of the Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke Vetano Ka Sandaya) Adhmiyam, 1978 (henceforth 'the Adhiniyam, 1978') and the rutes made thereunder read with the Madhya Pradesh Revision of Pay Rules, 1998 (henceforth 'the Pay Rules, 1998'). The facts involved in all the petitions are common. Thus, all the petitions are being considered and disposed ofby a common order.
72
&
while exercising powere conferred by the Prowso to Article 309 of the Constitution of India, made the Pay Rules, 1998. Rule 9 of the Pay Rules, 1998 provides for payment of revised pay-scale with effect from 1-1-1996. Other provisions of the Pay Rules, 1998 provides for exercising of option and distribution of arrears ete, Rule 14 of the Pay Rules, 1998 provides for power to relax to the extent that the State Government may relax or suspend the operation of any of the provisions of these rules in the case of Government Servants or category of Government servants in such manner and to such extent as may appear to be just and equitable or necessary or expedient in the pubfic interest. It was further provided that such relaxation or suspension shall not operate to the disadvantage of the Govemment Servant or categories ofGovernment servants, as the case may be.
73
(i)
Non-grant of benefit of recommendations of Vth Pay Commission at par w'th teachers working in Government schools is contrary to the provisions of the Adhiniyam, 1978, which provides for regulation of payment of salaries to teachers and other employees of Non-Government schools receiving grants-in-aid from the State Govemment, and Regulation 73 of the Board of Secondary Education, Madhya Pradesh Regulations, 1965.
(ii)
Refusal of grant of benefit of recommendations of Vth Pay Commission with effect from 1-1-1996 is arbitrary, discriminatory and violative of Articles 14,16,21 and 39(d) ofthe Constitution of India as the teachers working in the Non-Govemment schools receiving full grants-in-aid are not treated
74
at par with teachers working in the Government schools.
(iii)
Granting revision of pay-scate on the basis of the recommendations of Vth Pay Commission vnth effect from 1-10-2006 vide circutar dated 28-112006 (P-2) is violative of Rule 9 of the Pay Rules, 1998.
75
revised pay-scale as per the recommendations of Vth Pay Commission witheffectfrom 1-1-1996.
76
"%
Clause (d) of sub-section (2) of Section 28 of the Madhya
Pradesh/Chhattisgarti Madhyamik Shiksha Adhiniyam, l^ (henceforth 'the Shiksha Adhiniyam, 1965').reads as under:-
"28. Power of Board to make regulations.
(1) xxxxx xxxxx xxxxx
(2) In partteutar and without prejudice to the generality of the foregoing power, the Board may make regulations providing for atf or any of the following matters, namely:
(a) xxxxx xxxxx XX}00(
(b) xxxxx xxxxx xxxxx
(c) xxxxx xxxxx xxxxx
(d) the conditions of recognition of institutions for purposes of admission to the privileges of the Board, the qualification and condition of service of teachers and framing of a School Code to ensure a minimum standard of efficient and uniform management ofsuchinstitutions."
" ?73. The scales of of the stafF, in pay educational institutions which are in receipt of Government grant, shall not be less than those
}.
77
sanctioned for the corresponding staff in Government institution.
In the case of educational institutions which are not aided, there shall be a scate of pay, the minimum of which shall not be less than that in Government educational institutions."
under:-
"An Act to make provision for regulating of salaries to teachers and other payment employees of Non-Govemment Schools receiving grant-in-aid from the State Government and NonGovemment Educational Institutions for Higher Education receiving grants from the Madhya Pradesh Uchcha Shiksha Anudan Ayog and other maters ancillary thereto."
"2. Definitions. - !n this Act, untess the context oiherwise requires, -
(a) xxxxx xxxxx xxxxx (b) xxxxx xxxxx xxxxx (c) xxxxx xxxxx xxxxx
(d) "Employee" means an employee of the institution other than a teacher in respect of whose employment maintenance grant is paid by the State Government or the Ayog, as the case may be, to the institution and shown on the pay rol! of the institution against a post as being in the employment
78
(e)
as such &ut does not include an employes whose appointment is disapproved under ctause (c) ofsection 6;
"Institution" means a non-Govemment School or non-Government Educational Institution for higher education for the time being receiving maintenance grant from the State Government or from the Madhya Pradesh Uchcha Shiksha Anudan Ayog, as the case may be, established, administered and managed by a society registered or deemed to be registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 ff^o.44 of 1973) but does not include an institution established, administered and managedby-
(i) th& Centra! GovernmenS; or fli) the State Govemment; or (iii) a tocal authority; or (iv) any agency managed, confrolled, approved or sponsored by th® Central Government or the State Government, as the State Government may, by notificaft'on, speciiy; (v) a non-trading corporation formed and registered under the Madhya Pradesh NonTrading Corporation Act, 1962 (No.20 of 1^2) or deemed to have been registsred thereunder;
® xxxxx
xxxxx
xxxxx
79
(g) xxxxx xxxxx xxxxx
(h) xxxxx xxxxx xxxxx
'Teacher" means a teacher of an institution (1) in respeet of whose employment maintenance grant is paid by the State Government or the Ayog, as the case may be, to the institutions and includes any other teacher employed, with the prior approval of the authority specified by the State Government in this belialf, in fulfidment of the conditions of recognition/affiliation of an institution or of a new subject or a higher class or a new section in the existing class by the Madhya Pradesh Board of Secondary Education or any University or the Ayog, as the case may be, and shown on fte pay roll of the institution against a post as being in the employment as such but does not include a teacher whose appointment is disapproved under ciause (c) of section 6;
(i)
"Salary" means the and dearness pay allowance for the time being payable to a teacher or an employee at the rate approved for the purpose of payment of maintenance grant;"
80
"4. In Section 2 of the Principal Act, -
(9 xxxxx xxxxx xxxxx
(ii) for ctause (f), the followjng clause shall be substituted, namely:-
"(f) 'grant' means a grant gwsn to the insffluUon as may be fixed by the State Government from time to time.";
(ii0 for clauss @, the following clause shall be substituted.namety:-
"(O 'Teacher' means a teacher of an institution employed in fulfillment of the conditions of recognition/afRliation of an insfflution or of a new subject or a higher class or a new section in the existing class by ths Madhya Pradesh Board of Secondary Education or any Univereity or the Ayog, as the case may be, and shown on the pay roll of the institution against a post as bsing in the employment as such but does not include a teacher whose appointment is disapproved under clause (c) ofSection 6.";
for clause Q), the follow'ng clause shall be substituted, namely:-
"@ 'salary' means Uie salary and other allowances payable to a teacher or
81
an employee at the rate as may be notiffed bythe institution."
The relevant provisions of the Pay Rutes, 1998 read as
under:-
"4. Revised scale of Pay. - From the date of commencement of these rutes, the scale of pay of every post carrying sxisting sca:e of pay shall be as specified in the corresponding entry in cotumn (4) of She Schedule 1 or Scheduie II, as the case may be."
"9. Fixation of pay in the revised scale of pay subsequent to 1 day of January 1996. - (1) Where a Government Servant continues to draw his pay in the existing scate of pay and is brought over to the revised scate of pay from a date later than the 1 January 1986 his pay from the !ater date in the revised scale of pay shall be fixed under Fundamental Rutes, with reference to his basic pay in the ewsting scale of pay.
(2) A Government Servant who has officiated in a post prior to 1 January 1996 but was not holding that post on 1 January 1995 and who on subsequent appointment to that post draws pay in the rew'sed scale of pay shall be allowed the beneffl of the proviso to F.R. 22 to the extent it would have been admissibfe to him had he been holding that post on the 1st day of January 1996 and had elected ths revised scale of pay on that
date."
82
"11. Payment of an-ears of pay. - The actual arrears of pay as a result of fixation of pay under these rules shall be payable in cash from 1 Januar/ 1998 (i.e. pay for tha month of January 1998 payable in February 1998). The entire amount of difference of emolumente payable on the pay fixed on 1 January 1006 or from the date of next increment or subsequent increments and the emolumente received in the existing pay till 31 December 1997 shall be kept in a separate account, the deteils of which shall be issued by the State Government separately and on such amount an interest equal to the interest payable to the General Provident Fund of Government Servant shall be paid. This amount shalt be deposited in the respective Provident Fund account of the Government Servant on 31st December 2TO2:
Provided that in case of reUremenfftermination/death of Government Servants, the entire amount with interest due thereon at the time will be transferred to the provident fund account of such Govemment Servants:
Provided further that in case of retirement/termination/death occurs after 1 January 1996 and before pay fixation under this ru!e, and the final payment of Provident Fund has also been made, ttie arrears will be paid in cash."
1979readasunder:-
83
"4. Taking into account the requirement and avaitability of (unds, grants under these rutes witl be gh/en, to non-Government insUtutions which impart sound and secular instruction. Such grants will be subject to the conditions specified in these ru!es and also subject to farther conditions as may be specified by the State Government from to time-to-time."
"33. (i) The scales of pay of the teachers including the Head of the Institution, and other employees of an educational institution whteh is in receipt of Govemment grant shail be in accordance with those sanctioned for the corresponding categories of employees in Govemment educational institutions."
"Educatlon
84
"Education is the bringing up; the process of developing and training the powers and capabilities of human beings. In ite broadest sense the word comprehends not merely the instmction received at school, or college but the whole course of training moral, intellectual and physical; is not limited to the ordinary instruction ofthe chitd in the pursuits of iiterature. !t also comprehends a proper attention to the moral and religious sentiments of the child. And it is sometimes used as synonymous with 'teaming'."
"the systematic instruction, schooling or training given to the young in preparation for the work of life. It also connotes the whole course ofscholastic insfruction which a person has recewed. ...What education connotes ...is the process of training and developing the lcnowtedge, skill, mind and character of students by formal schooling."
"Education is an important input both for the growth of the society as well as for the individua!. Properiy planned educational input cancontribute to increase in the gross national products, culfairal richness, build positive attitude towards technoiogy and increase efficiency and
effectiveness of the governance. Education opens new horizons for an indiw'dual, provides new aspirations and develops new vatues. It strengthens competencies • and develops commitment. Education generates in an individual a critical outlook on social and political realities and sharpens the ability to self-examination, selfmonitoring and self-criticism."
"The 'knowledge 'information term society', societ/ and 'learning society' have now become famiiiar expressions in educational pariance, communicating emerging global trends with farreaching implications for growth and development of any society. These are not to be seen as mere cfich6s or fads but words that are pregnant with unimaginabte potentialities. Snformation revolution, infoirnation technologies and knowledge industries, constitute important dimensions of an information society and contribute effecUvely to the growth ofa knowledge society." {ibid., p.246)
"Alvin TofRer (1980) has advanced the idea that power at the dawn of civilisation resided in the 'muscle'. Power then got associated with money and in the 20th century it shifted its focus to 'mind'. Thus the shift from physical power to wealth power to mind power is an evolution in the shifb'ng foundations of economy. This shift supports the observation of Francis Bacon who said 'knowledge itself is power'; stressing the same point and uphoiding the supremacy of mind power, in his characteristte expression, Winston Churchill said, 'the empires of the future shall be empires of the mind'. Thus, he corroborated Bacon and professed the emergence of the knowledge society." (ibid., p. 247)
86
"287. Education plays a .cardinal role in transforming a society into a ciwlised nation. It acceterates the progress of the country in every sphere of national activity. No section of the citizens can be ignored or teft behind because it would hamper the progress of the country as a whole. tt is the duty of the State to do all it could, to educate every section of citizens who need a helping hand in marching ahead along with others."
87
of inquiry and reform; and Articte 51-A(0 to strive towards excellence in all spheres of indiwdual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. None can be achieved or ensured except by means of education. It is well accepted by the thinkers, philosophers and academicians that if JUSTICE, LIBERTf, EQUALtTY and FRATERNIT^, including social, economic and politicar justice, the golden goals set out in the preamble to the Constitution are to be achieved, the Indian polity has to be educated and educated with exceltence. Education is a national weafth which must be distributed equally and widety, as far as possible, in the interest of creating an egalitarian society, to enable the country to rise high and face global competition."Tireless striving sfretching ite arms towards perfection" (to borrow the e^ression from Rabindranath Tagore) would not be successful unless strengthened by education.
"...continual growth of personality, steady development of character, and the qualitative improvement of !ife. A trained mind has the capacity to draw spiritual nourishment from every expsrience, be it defeat or victory, sorrow or joy. Education is training the mmdand not stuWng the brain."
(SeeEtemalValuesforAChangingSociety,Vol. flt Education for Human Excelfence, pubtished by Bharatiya Vidya Bhavan, Bombay, at p. 19.)
'We want that educatlon by which character is formed, strength of mind is increased, the intellect
88
is expanded, and bywhich one can stand on ones own feet. ...The end of all education, alt training, should be man-making. The end and aim of all Sraining is to make the man grow. The training by whteh e current and expression of will are brought under controt and become fruitful is called education." (Swami Vivekanand as quoted ibid., at P. 20.)
"21A. Right to education. - The State shalt provide free and computsory education to al! chitdren of the age of six to fourteen years in such manner as the State may, by !aw, determine."
l^
90
School Code to ensure a minimum standard of efficient and uniform management of such institutions. In exereise of ite power under Clause (d)ofsub-section (2)ofSection28oftheShiksha Adhiniyam,1965,the Board framed the Regulations, 1965, which obtained approva! of the State Govemment wde memo dated 8-12-1966. Regulation 73 of the Reguiations, 19S5, as quoted (supra), provides for scates of pay of She staff in educational institutions whteh are in receipt of Govemment grant. !t is specificaliy prescribe that the scales of pay shall not be less than ftose sanctioned for the corresponding staff in Government institution. In the case of educational institutions, which are not aided, there sha!) be a scale of pay, the minimum of which shall not be less than that in Govemment educational institutions. In the facts of the present case, alt the institutions (schools) are receiving grants-in-aid in full. 'Saiary' defined in the Adhiniyam, 1978 read with the Sanshodhan Adhiniyam, 2000 has to be read with Reguiation 73 of the Regulations, 1965. !S is ctear that the intention of the Government is to provide same scales of pay to the staff including teachers working in NonGovernment schools receiving grant-in-aid at par with the staff including teachere working i"n Govemment schools.
91
92
scate of pay. Rule 9 ofthe Pay Rules, 1998 prescrtbes for fixaUon of pay in the revised scale of pay subsequent to 1 day of January, 1996. Rule 11 of the Pay Rules, 1998 prescribes for paymentof arrears of pay. It was prescribed that the actual arreare of pay as a result of fixation of pay under the Pay Rulss, 1998 shall be payable in cash from 1-1-1^8 (j.e. pay for the month of January 1^8 payabte in February 1998). !t was further prescribed that the entire amount of difference of emoluments payabte on the pay fixed on 1-1-1M6 or from the date of next increment or subsequent incremente and the emoluments rsceived in the existing pay till 31-12-1997 shall be kept in a separate account, the details of which shall be issued by the State Government separately and on such amount an interest equal to the interest payable to the General Provident Fund of Govemment Servant shall be paid. Thfs amount shall be deposited in She respective Provident Fund account of the Govsrnment Sen/ant on 31-12-2002. The Proviso to Rute 11 of the Pay Rules, 1998 deals with cases of retirementfterminatiQn/death of Government Servante. Rule 14 of the Pay Rules, 1998 confers power on the State Government to retax or suspend the operation of any of the prowsions of the Pay Rutes, 1998 in the case of Govemment Servants or category of Govemment Servante in such manner and to such extent as may appear to be just and equitabie or necessary or expedient in the public interest. The Provisoto Rute 14 of the Pay Rules, 1998 makes it clear that such retaxation or suspension shall not operate to the disadvantage of the Government Servant or categories of Government Servants, as the case may be. In the present case, the Government has not exercised power as prescribed under Rule 14 of thePayRu!es,1998. ;
93
94
^
leaye, was numbered as Civil Appeal No.6399 of 2004, is pending consideration in the Supreme Court.
and offiers vs. State ofHaryana and others , hetd as under :-
"3. ............... In our opinion, the teachers of aided schools must be paid the same pay scale and deamess allowance as teachers in govemmentschoolsfortheentire periodclaimed by the petitionere, and that the expenditure on that account shouid be apporUoned between the State and the Management in the same proportion in which they share the burden of the existing emofumentsoftheteachers. .............."
"12.
The scales of the teachers of (i) pay government aided schools shall be revised so as to bring Uiem at par with the pay scales of teachers of govemment schools with effect from April 1, 1979 and the differential amount as a result of such revision in pay scales shatl be paid in four six monthly instalments, the first instalment being payable by June 30, 1990.
(ii) The teachers of the government aided schoote shail bs paid additional dearness
95
allowance on tte basis of the revised pay scales with effect from April 1, 1979 to December 31, 1985 and the arrears of such additional deamess aflowance found payable as a result of such revision shall be paid along with ths last part of th® five instaiments of addrtiona! deamess allowance whteh is to be paid in September 1990.
(!i!) The parity in the pay scates and dearness allowance of teachere employed in aided schoots and those employed in government schools shalt be maintained and with that end in view the pay scates ofteachers employed in govemment aided schcM?ls shall be revised and brought at par with the pay scalesand deamess allowance payabte to the teachers employed in government schools with effect from January 1,1986.
As from April 1, 1990 the teachers employed in aided schoote shal! be paid the sams satary and deamess allowance as is paid to teachers employed in govemment schoote.
(v) The arrears of pay and deamess altowance payabte as a result of such revisfon for the period from January 1, 1986 to March 31, 1990 shall be paid in four six monthly instalments, the firet such instalment being payable by June 30,1990."
96
entitlement of grante-in-aided private schoo.Is to the benefit of salary, observed as under:-
"6. The position has to be accepted as welt settled that impartjng primary and secondary educatfon to studente is the bounden duty of the State Administration. It is a constitutional mandate that the State shall ensure proper education to the students on whom ttie future of the society depends. In line with ttiis principte, the State has enacted statutes and framed rules and r^ulations to control/regulate establishment and running of private schools at different levels. The State Government provldes grant-in-aid to private schools with a view to ensure smooth running of the institution and to ensure that the standard of teaching does not suffer on account of paucity of funds. St needs no emphasis that appointment of qualified and efRcient teachers is a sine qua non for maintaining high standards of teaching in any educational institution. Kesping in mind these and other relevant factors this Court in a number of cases has intervened for setting rfght any discriminatory treatment meted out to teaching and non-teaching staff of a particutar institution 6r a class of instttutions. To nofce a few such decisions on the point, we may refer to the case of Haryana State Mhyapak Sangh v. State of Haryana-i m whieh this Court issued a direction that the State Government will also take up with the management ofthe aided schoote the question of bringing about parity behveen the teachers of aided schools and the teachers of government
97
schools for the period foflowing that to which the thirty-five instalments relate, so that a claim for payment may be evolved after having regard to the different allowances claimed by the petitioners. In the case of Haryana State Adhyapak Saryh v. State of Haryana-2 a Bench of three learned Judges of this Court ctarifying the judgment in Har/ana State Mhyapak Sangh v. State of Haryana issued a direction, inter alia, that the parity in the pay scates and deamsss allowance of teachers employed in aided schoote and those empioyed in government schools shal! be maintained and with that end in fufaire the pay scales of teachers emptoyed in government schools shall be revised and brought on a par with the aided schools and dearness allowance payable to the teachers employed in government schoois wifh effect from 1-1-1986."
"23. While consfruing the provision under consideration, it is to be borne in mind that interpretation of a welfare legislation should be to promoteeducation.Theserviceconditionsofthe employees of the aided institutions are sought to be improved and brought at par with those in Govemment educational institutions to maintain educational standards. It has also to be borne in mind that our Constitution makers have placed the field of education at a higher pedestal and granted it a special status. Various provisions of the Constitution deal with the aspect of advancement
98
of education. The primary education has been held to be a fundamental right in the decision of this Court in Umi Krishnan, J.P. & Ore. v. Stafe of Andhra P/acfesh (1993 (1) SCC 645) and this aspect still hotds the field despite the decision having been overruled on some other aspects in T.M.A. Pai FouncSaSon & Ors. v. State of Kamataka & Ors. (2002 (8) SCC 481). To improve education, various State Governments grant aid to educational institutions and, by and large, teachers of aided private schoots deserve to be treated at par with teachers of Govemment institutions to the extent possible. The provisions of these Acts deserve to be liberally interpreted in favour of the teaching class except where statute may compel otherwise. A statute of no other State has been brought to our notice where similar beneffl has been denied to the teachers of the aided institutions to improve education. The service conditions of the teachsrs also deserve to be improved."
99
.1--.
of India and others vs. Mohan Lal Mehrotra and ottiers , held as
under:-
"12. ...........The administrative orders cannot be issued in contravention of the statutory mtes but it could be issued to supplement the statutory rules. (See: the observations in Sant Ram Sharma v. Sfate of Rajasffiiaif). In fact similar circulars were issued by the Railway Board infroducing reservations for Scheduted Castes and Scheduled Tribes in the Railway sennces both for selection and non-selection categories of poste. They were issued to implement the policy of the Central Government and they have been upheld by this Court in Akhi! Bharatiya Soshif Karamchari Sangh (Raiiway) v. Union oflndis^."
(i) The petitioners shalt be payable the revised pay-scales immediately with effect from 1- 10-2006 in accordance with the Pay Rules, 1998.
100
The difference of amount of payment with effect from 1-1-1996 till September, 2006, as a resuft of the reyised pay-scales, shall be payabte in ten six-monthfy instalments.
(iii) Thesaid amount may be payable to the General ProvidenS Fund of the teacher concerned carr^ng interest equal to the interest payabte to the Generaf Provident Fund ofthe concemed teacher.
partis^sha!! beartheirown costs.
Sd/Satish K.Agnifaotri Judge
| 1 |
(2005)6SCC537 | |
|---|---|---|
| ft | (1993)1SCC645 | |
| 3 | (1996;eSCC75e | |
| 4 | (1997) 10SCC549 | |
| 5 | (2000) 10SCC648 | |
| 6 | (1998}8SCC143 | |
| 7 | 2001 (3) MPU 1 | |
| 8 | (1988)4SCC571 | |
| 9 | 1990(Supp)SCC306 | |
| 10 | (1996) 5 SCC 273 | |
| 11 | (2000)2SCC42 | |
| 12 | 2005AJRSCW4716 | |
| 13 | (1992)18cc20 | |
| R,;opa! |
3 issues framed by the court
Whether teachers working in government-aided schools are entitled to the benefit of the 5th Pay Commission recommendations at par with government teachers.
Whether the non-grant of revised pay scales with effect from 1-1-1996 is arbitrary and violative of constitutional rights.
Whether administrative circulars can supersede statutory rules regarding the effective date of revised pay scales.
Colour shows how this judgement treated each authority
V.V. Ashthana & Others v. State of M.P.Distinguished¶19
V.V.Ashthana and others vs. State of Madhya Pradesh and officers (Writ Petition No.2029 of 2000)
Indore Region Shikshak Kanchan Sangh v. State of M.P.Followed¶19
Region Shikshak Kannachan Sangh and another vs. State of Madhya Pradesh and others (Writ Petition No.1841 of 2001)
Haryana State Adhyapak Sangh v. State of HaryanaFollowed¶24
Haryana State Adhyapak Sangh and officers vs. State of Haryana and others
CAG v. Mohan Lal MehrotraReferred¶31
Comptroller & Auditor General of India and others vs. Mohan Lal Mehrotra and others
5 provisions across 5 enactments
Mohd. Shoaeb Ansari & others
State of Chhattisgarh
Satish K. Agnihotri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
