The High Court dismissed a petition seeking directions to recover salary paid as regular pay scale to teachers. The Court held that since the Supreme Court order conditioned recovery on a finding that schools were state-run, and no such finding was made, recovery was not permitted.
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IN THE HI OURT OF CHHATTISQARHATBILASPUR _1\Lc.c.No. Q .L OF 2014 @§%§'§$§§3§E @ggm
(Arisingoutoforderdated19—02—2001passedbyHpn’bleSupremeCourt in SLP (C) No. 19994/2000andorderdated 21h1—2905 passedbythis ‘ Hon’ble Court inWP.No.34 /2000)
A‘-PPDI€ANTS
South Eastern Coalfields Limited, through its Chairman—cum~ Managing Director, Seepat Road, Bilaspur (C.G.) Chief General Manager, South Eastern CoalfieldsLimited,Hasdeo Area, PO — South Jhagrakhand Colliery, Distt.Korea (C.G.]
VERSUS
NON-APPLICANT§ :(l)
The General Secretary, MP. Koyla Mazdoor Sangh (HMS), At/Po South JhagrakhandColliery, Distt. Korea (C,G.)
fig)
Singhi Collieries Education Society, South Jhagrakhand Colliery, District Korea (C.G.) Through its Principal.
-, VS“ Regional Labour Commissioner Jabalpur, Distt. Jabalpur (Central) (MR)
Shri R. M. Tripathi, Retired Principal, Singhi Colliery Education Society Qr. No. B—ll, South Jhagrakhand Colliery, Distt. Korea (C.G.)
(5)
Dr. RS. Sharma, Lecturer, Higher Secondary School, Singhi Colliery Education Society
North Jhagrakhand Colliery, Distt. Korea (C.G.)
@
/’
Colliely Education Society, North Jhagrakhand Colliery, Distt. Korea (C.G.)
@
Colliery Education Society, Post Jhimar, Distt. Anuppur (M.P.)
(é;
v,
Shri J.V. Raman Rao, Asstt. Teacher, Primary School, Shanti Nagar, Singhi Colliery Education Society, Post Office ‘ Bangawan, Distt, Anuppur (M.P.)
(42 )
Shri Bhagwan Singh, Asstt. Teacher, Primary School, Shanti Nagar, Singhi Colliery Education Society, Post Office — Bangawan, Distt. Anuppur (M.P.)
(43) Shri B.D. Mishra, Asstt. Teacher, Primary School, Shanti Nagar,
Singhi Colliery Education Society, Post Office — Bangawan, Distt. Anuppur (M‘PJ
(44) Shri H.C. Pandey, Peon, Primary School, Shanti Nagar, Singhi Colliery Education Society, Post Off1ce— Bangawan, Distt. Anuppur (M.P.)
Smt. Ibha Das, Asstt. Teacher, Primary School, Raj Nagar, Singhi Colliery Education Society, Post Office— Raj Nagar, Distt. Anuppur (MP)
(47) Smt. Lalita Ambasht, Asstt. Teacher, Singhi Colliery Education Society R/o B Type Quarter Near Kali Mandir, Raj Nagar, Distt. Anuppur (M.P.)
®
J ® APPLICATION \NFOR APPRO§RIATE DIRECTION FOR RECOVERY OF THE AMOUNT PAID AS REGULAR PAY SCALE TO THE PRIVATE NON~APPLICANTS
I
IN THE HIGH COURT OF CHHATTISGARH. BILASPURW DIVISION‘ BENCH V NHON'BLE MR.T.P. SHARMA & NHON'BLE MR. LS. UBOWEJA JJ
M.C.C.No. 671 of 2014
Scuth Eastern Coamelds Limited and another
VGI'SUS The General Secretary, M.P. Koyla M az Sangh and another.
Appearance:
Mr.vVai bh; u kla counsel for the petitioners. None for r d s.
T.P. SHARMA J
Heard.
- By this petition. the petitioners have prayed for appropriate direction for recovery of the amount paid as regular pay scale to the private non-applicants. 2. Registry has pointed out default especially relating to addition of respondents No. 4 to 49. which they were party in previous litigation.
Learned counsel for the petitioners submits that aforesaid respondents are members of non-applicants No.1. He further submits that vide order dated 19.02.2001 passed in
2
S.L.P.No.19994/2000, Supreme Court has directed to pay the salary to the respondents _No. 4 to 49 as per the State Government scale and has also granted liberty for recovery of the said amount. He also submits that vlde final order dated 26.08.2014, this Court dismissing the Writ Appeal No.33/2011 has held that respondents No. 4 to 49 members of respondent No.1 are not the employees of the petitioner, therefore, the petitioner is entitled to recover the salary paid to them. Order dated 19.02.2001 passed in SLP No.19994/2000 reads thus:-
the rights of the parties, s alof the writ petition nt-No.1 is directed a rrange for payment of regularfsalary to the teachers/lecturers in the schoolswruntiflbya Singhi Colliery EducationSoclety as per-the]; State Governm-entSoales Within four weeks fromglt‘oday. Finally, if the High Court arrives at a conclusion that the~sch oo a re-run by the State or Central {Would‘be open to respondent No.1 _ h eHighCourt for appropriate direction f‘ said amount. With these As pertheorder passed'by the Supreme Court in SLP No. 19994/2000 dated-19i02-I2001, ,in case of finding of the High Court that schools are run by the State or Central Government, the present petitioner was entitled to submit before the High Court for appropriate direction for recovery of the amount paid in excess, but undisputedly no finding has been given to that effect. Therefore, the petitioner is not entitled for any recovery of the said amount.
Consequently, the petition is liable to be dismissed and is hereby dismissed. No order asto costs. i
SM T'P' Sly:.ma l 5dr‘ - . l J“ g inderSinghUbowt’da ‘
Vijay
2 issues framed by the court
Whether the petitioner is entitled to recover the salary paid to the respondents as the order of the Supreme Court required a finding that the schools are run by the State or Central Government.
Whether the petitioner is entitled to appropriate direction for recovery of the amount paid as regular pay scale to the private non-applicants.
Colour shows how this judgement treated each authority
SLP No. 19994/2000Referred¶82
South Eastern Coalfields Limited
The General Secretary, MP. Koyla Mazdoor Sangh
Singhi Collieries Education Society
T.P. Sharma
L.S. Ubale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
