Madhya Pradesh High Court
Rajendra Prasad Dwivedi vs The State Of Madhya Pradesh on 10 January, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 10 th OF JANUARY, 2023
WRIT PETITION No. 158 of 2023
BETWEEN:-
1. RAJENDRA PRASAD DWIVEDI S/O SHRI
BRIJENDRA PRASAD DWIVEDI, AGED ABOUT 62
Y E A R S , OCCUPATION: RETD. ASSISTANT
TEACHER FROM GOVT. ANJAN HIGHER
SECONDARY SCHOOL, GANGAHRA DISTRICT
REWA R/O POST-SAGARA, VILLAGE GONGAHARA,
REWA (MADHYA PRADESH)
2. SMT. SUNITA PANDEY W/O SHRI MUNINDRA
PANDEY, AGED ABOUT 54 YEARS, OCCUPATION:
POSTED AS UPPER DIVISION TEACHER GOVT.
ANJAN HIGHER SCHOOL GANGAHRA DISTRICT
REWA (MADHYA PRADESH)
3. MRIGENDRA KUMAR TRIPATHI S/O SHRI
ROSHANLAL TRIPATHI, AGED ABOUT 52 YEARS,
OCCUPATION: POSTED AS P.T.I. GOVT. ANJAM
HIGHER SECONDARY SCHOOL GANGAHRA
DISTRICT REWA (MADHYA PRADESH)
4. DEVENDRA KUMAR TRIPATHI S/O SHRI
ROSHANLAL TRIPATHI, AGED ABOUT 54 YEARS,
OCCUPATION: POSTED AS LECTURER GOVT.
ANJAN HIGHER SECONDARY SCHOOL
GANGHARA R/O VILLAGE POST GURH DISTRICT
REWA (MADHYA PRADESH)
5. SMT CHAMELI DWIVEDI W/O SHRI VIJAY KUMAR
DWIVEDI, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED ACCOUNTANT FROM GOVT. ANJAN
HIGHER SECONDARY SCHOOL GANGAHRA
DISTRICT REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJ KUMAR TRIPATHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 1/12/2023
10:49:37 AM
2
ADDITIONAL PRINCIPAL SECRETARY SCHOOL
EDUCATION DEPARTMENT GOVERNMENT OF
MADHYA PRADESH MANTRALAYA ANNEXE -3
1ST FLOOR VALLABH BHAWAN BHOPAL 462004
R/O B-19 CHAR IMLI RAVI SHANKAR NAGAR
BHOPAL 462016 (MADHYA PRADESH)
2. C O M M I S S I O N E R PUBLIC INSTRUCTIONS
GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)
3. DISTRICT EDUCATION OFFICER REWA DISTRICT
REWA (MADHYA PRADESH)
4. BLOCK EDUCATION OFFICER BLOCK RAIPUR
K A R C H U L I YA DISTRICT REWA (MADHYA
PRADESH)
5. SANKUL PRINCIPAL GOVT HIGHER SECONDARY
SCHOOL ROURA DISTRICT REWA (MADHYA
PRADESH)
6. PRINCIPAL GOVT. ANJAN HIGHER SECONDARY
SCHOOL GANGAHRA DISTRICT REWA (MADHYA
PRADESH)
7. JOINT DIRECTOR TREASURY AND ACCOUNTS
REWA DIVISION REWA SHILPI PLAZA REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners' only grievance is that they are working as teachers in a
Government aided school and are entitled to arrears of 5th Pay Commission
recommendation in terms of orders of the Commissioner Public Instructions
dated 23.03.2007 passed in file No.Anu./Va./04/2007/185 and in the light of the
judgment of the Supreme Court in case of State of Madhya Pradesh and
others Vs. V.V. Ashthana, (2008) 17 SCC 104.
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 1/12/2023
10:49:37 AM
It is submitted that vide Annexure P-1, coordinate Bench of this Court
has issued following directions:-
''Records indicate that the question with regard to payment of
salary to teachers working in aided institutes at par with
Government teachers to whom 5th Pay Commission
recommendations have been granted, decided in various cases,
particularly in the case of V.V. Ashthana and others vs. State of
M.P. and others , W.P.No.2029/2000, decided on 29/01/03.
S.L.P. filed by the State Government has also been rejected.
Keeping in view the aforesaid respondents are directed to take
action for deciding case of the petitioner in accordance to law and
directions issued in the case of V.V. Ashthana (supra) and pay to
petitioner benefit in accordance to law within two months from the
date of receipt of certified copy of this order.''
In view of above, in the same terms, this writ petition is also disposed
of.
It is made clear that this Court has not expressed any opinion on the
merits of the case.
(VIVEK AGARWAL)
JUDGE
pp
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 1/12/2023
10:49:37 AM
