Om Prakash Maraiya and others vs State of Madhya Pradesh and others

Hon''ble Shri Justice Sujoy Paul

Since common questions of law are involved in these matters, these matters are decided by this common order.

Petitioners are employees of aided institutions getting grant in aid from the State Government. Their grievance is that an amendment took place in Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karamchariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978, which was challenged by the employees/teachers by filing a batch of petitions before this Court. The matter was decided by a Division Bench of this Court in Dr. Sharique Ali and others vs. State of Madhya Pradesh and others, reported in 2002 (I) MPHT 315 (DB). Against this order the respondent/State filed SLP (SLP), in which by passing an interim order the Apex Court held that employees/teachers will continue to get 50% salary. The question again came before this Court whether the employees are entitled for the benefit of 5th Pay Commission or not. The claim of the petitioners is that they are entitled to get 50% of the salary as per 5th Pay Commission. This question is no more res integra and is decided in Writ Petition No. 2029/2000 (V.V. Ashthana vs. State of MP and others). The Supreme Court affirmed the said order of this Court. Accordingly, in similar matters this Court has directed to take action for deciding the cases of petitioners by applying the principle laid down in V.V. Ashthana (supra). This view was taken in Writ Petition No. 7311/2010 (s) (Ramjilal Kushwaha vs. State of Madhya Pradesh and others).

This factual and legal position aforesaid demonstrated by the petitioners is not disputed by learned Deputy Government Advocate. Accordingly, it is not in dispute that the petitioners'' case is squarely covered by the judgment of this Court in V.V. Ashthana (supra). The only thing which is required to be done is to take a decision on the basis of said judgment.

Considering the aforesaid, I deem it proper to dispose of these petitions by following the ratio of V.V. Ashthana and Ramjilal Kushwaha (supra) with following directions:

(i) The respondents shall consider the judgments of V.V. Ashthana and Ramjilal Kushwaha (supra) and apply the same in case of the petitioners. The respondents shall take a decision on the basis of said judgments and finalise the claim of the petitioners within 60 days from the date of production of certified copy of this order.

(ii) If the said authorities come to the conclusion that the petitioners are entitled for the claim, the arrears/benefits be extended in favour of the petitioners within the same time. If the authorities decide otherwise, a reasoned and speaking order be passed and be communicated to the petitioners within the same time.

Petition stands disposed of. No costs.