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2014 Supreme(SC) 1410

SUPREME COURT OF INDIA
H.L. Dattu, Sudhansu Jyoti Mukhopadhaya, C. Nagappan, JJ.
State of M.P. & Anr. - Appellants
Versus
Sharique A. Ali & Ors. - Respondents
Civil Appeal No. 6362, 6637, 6400, 6402, 6403, 6404, 6405, 6407, 6406, 6408, 6411, 6412, 6413, 6414, 6415, 6416, 6418, 6420, 6417, 6421, 6423, 6424, 6426, 6429, 6434, 6427, 6435, 6436, 6437, 6438, 6440, 6441, 6442, 6439, 6444, 6443, 6445, 6446, 6447, 6448, 6449, 6450, 6451, 6452, 6454, 6453, 6455, 6456, 6457, 6458, 6460, 6459, 6461, 6462, 6580, 6463, 6584, 6582, 6581, 6583, 6585, 6586, 6587, 6588, 6589, 6590, 6592, 6591, 6593, 6594, 6595, 6596, 6597, 6598, 6599, 6600, 6601, 6602, 6603, 6604, 6605, 6606, 6607, 6608, 6612, 6611, 6610, 6609, 6613, 6614, 6615, 6616, 6618, 6617, 6620, 6619, 6621, 6623, 6622, 6624, 6625, 6627, 6628, 6629, 6630, 6401, 6633, 6634, 6632, 6635, 6636, 6631 of 2004, Civil Appeal No. 1035, 1040, 1037, 1039, 1036, 1041 of 2006, S.L.P.(C) No. 19188 of 2008 And Contempt Petition (C) No. 147 of 2013 In Civil Appeal No. 6415 OF 2004
Decided On : 07-01-2014

Advocates:
Advocate Appeared:
For the Appellant : Mr. Vivek K Tankha, Sr. Adv., Mr. Mishra Saurabh, Adv., Mr. K. Shukla, Adv.
For the Respondent: Mr. Nitin S Tambwekar, Adv., Mr. B.S. Sai, Adv., Mr. K. Rajeev, Adv., Mr.Shanti Bhushan, Sr.Adv Mr. Prashant Bhushan, Adv., Mr. Rohit K Singh, Adv., Mr. Siddharth Seth, Adv., Mr. Karthik Seth, Adv., Ms. Manjeet Kirpal, Adv., Mr.Akshat Shrivastava, Adv., Mr.Siddharth Shrivastava, Adv., Mr.Harmeet Ruprah, Adv., For Ms.Manjeet Kirpal, Adv., Mr. Chander Shekhar Ashri, Adv., Dr. Rajev Dhawn, Sr. Adv., Ms. Rekha Pandey, Adv., Mr.Shiv P.Pandey, Adv., Mr. R.S. Nagar, Adv., Mr. B.K. Satija, Adv., Mr. Anil Kumar Jha, Adv., Mr. Nikhil Nayyar, Adv., Ms. Pratibha Jain, Adv., Mr. Kuldip Singh, Adv., Mr. S. Ravi Shankar, Adv., Mr. S.C. Birla, Adv., Mr. Niraj Sharma, Adv., Mr.Sumit Kumar Sharma, Adv., Mrs. Sudha Gupta, Adv., Mr. Sunil Kumar Jain, Adv., Mr. Sarvesh Singh Baghel, Adv., Mr. Rajesh, Adv., Ms. Binu Tamta, Adv., Ms. Sujata Kurdukar, Adv., Mr.B.S.Banthia, Adv., Mr.C.L.Sahu, Adv., Mr.Sunil Kumar Jain, Adv., Mr.Sanjay Jain, Adv., Mr. Anip Sachthey, Adv., Ms. Shagun Matta, Adv., Mr. Mahabir singh mangla, Adv., Mr. Aakansha tiwari, Adv., Mr.Praval Tripathi, Adv., Mr. Shiv Sagar Tiwari, Adv.

Extension of 6th Pay Commission Scales to Teachers/Lecturers/non-teaching staff in private aided educational institutions

Headnote:
6th Pay Commission Scales - Teachers/Lecturers/non-teaching staff in private aided educational institutions - The court directed the State of Madhya Pradesh to extend the 6th Pay Commission scales to the Teachers/Lecturers/non-teaching staff working in private aided educational institutions and ordered that the amount already paid pursuant to previous orders shall not be recovered from them. The court also clarified the non-applicability of the Amended Act to the respondents and similarly situated persons.
Fact of the Case:

The State of Madhya Pradesh pleaded their inability to extend the 6th Pay Commission Scales to the Teachers/Lecturers/non-teaching staff working in private aided educational institutions, despite their appointment being approved by the State Government.
Finding of the Court:

The court found in favor of the Teachers/Lecturers/non-teaching staff, directing the extension of the 6th Pay Commission scales and ordering that the amount already paid shall not be recovered from them. The court also clarified the non-applicability of the Amended Act to the respondents and similarly situated persons.
Issues: Extension of 6th Pay Commission Scales, Recovery of Amount, Applicability of Amended Act
Ratio Decidendi: The court held that the 6th Pay Commission scales should be extended to the Teachers/Lecturers/non-teaching staff in private aided educational institutions and that the amount already paid shall not be recovered from them. The court also clarified the non-applicability of the Amended Act to the respondents and similarly situated persons.
Final Decision: The court directed the State of Madhya Pradesh to extend the 6th Pay Commission scales to the Teachers/Lecturers/non-teaching staff working in private aided educational institutions and ordered that the amount already paid pursuant to previous orders shall not be recovered from them. The court also clarified the non-applicability of the Amended Act to the respondents and similarly situated persons.

ORDER :

C.A. No. 6362 of 2004

1. This order is in continuation of our earlier order dated 12.12.2013. Both the orders should be read together.

2. By order dated 12.12.2013 we had requested Shri Tankha, learned senior counsel to get appropriate instructions/clarification from the State Government insofar as Clause ’C’ of the affidavit dated 26.11.2013.

3. Today learned senior counsel, Shri Tankha has filed an affidavit on behalf of the State of Madhya Pradesh. In the said affidavit they have pleaded their inability to extend the 6th Pay Commission Scales to the Teachers/Lecturers/non-teaching staff working in private aided educational institutions in the State of Madhya Pradesh though their appointment is approved by the State Government.

4. After hearing Shri Tankha, Shri Shanti Bhushan and Dr. Rajeev Dhawan and other learned counsel appearing for the parties, we are of the opinion that the request of Shri Shanti Bhushan for extending the 6th Pay commission scales to the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions should be accepted and granted. We are also of the view that whatever amount that is being paid pursuant to the orders passed by this court on 12.12.2013 and 07.01.2014 shall not be recovered from the Teachers/Lecturers/Non-Teaching staff working in the private aided educational institutions.

5. Accordingly, while setting aside the judgment and order passed by the High Court, we direct that the 6th Pay commission scales shall be given to the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh. We further direct that the amount that is already paid pursuant to the orders passed by this Court on 12.12.2013 and 07.01.2014 shall not be recovered from the Teachers/Lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh.

6. It is clarified that the Madhya Pradesh Ashaskiya Ahikshan Sanstha Adhiniyam, 1978, as amended by Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmcharyon Ke Vetno Ka Sandaya) Sanshodhan Adhiniyam, 2000 (for short "the Amended Act") shall not be made applicable to the respondents and other similarly situated persons.

7. It is further clarified that the Amended Act is applicable to those Teachers/Lecturers/Non-Teaching staff, who are appointed by the private aided educational institutions in the State of Madhya Pradesh, after promulgation of the amended Act.

Ordered accordingly.

In rest of the matters.

All the matters are disposed of in the same terms, observations and directions as in Civil Appeal No. 6362 of 2004.

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