Madhya Pradesh High Court
M.P. Madhyamik Shikshak Sangh vs Smt. Rashmi Arun Sharma on 22 April, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CONC-2092-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CONC No. 2092 of 2019
(M.P. MADHYAMIK SHIKSHAK SANGH Vs SMT. RASHMI ARUN SHARMA AND OTHERS )
Dated : 22-04-2025
Shri K C Ghildiyal - Senior Advocate with Shri Manoj Rajak,
Advocate for the petitioner.
Shri Arditya Singh - Advocate for the respondents.
It is submitted by learned counsel for the respondents that on
25.10.2024, Document No.9638/2025 has been filed, a copy of which has
been supplied to the learned Senior Counsel for the petitioner rejecting the
representation of the petitioner. Alongwith this affidavit, Order No.588 order
dated 09.10.2024 is filed rejecting the representation of the petitioner.
This important document is not physically available on record.
Registry is directed to place the compliance report on record as there
affidavit dated 24.10.2024 and order dated 09.10.2024 have been scanned
but not physically available on record.
Thereafter, Documents No.9753/2024, a rejoinder/objection to
additional compliance has been filed on 04.11.2024, a copy of which is also
not physically available on record.
Let aforesaid document be brought on record.
Learned Senior Counsel for the petitioner submits that regarding the
compliance report dated 09.10.2024 and objection, this controversy has been
settled by Hon'ble Division Bench of this Court in W.A. No.647/2025 (State
of M.P. and others Vs. Ashok Kumar Gupta), vide order dated
2 CONC-2092-2019
07.04.2025 and the aforesaid order is based on order of the Hon'ble Supreme
Court in the case of Sharique A Ali (Supra). In specific paragraphs, it has
been held as under:-
"8. Hon'ble Supreme Court in the case of Sharique A Ali (supra)
also upheld the entitlement of the teachers and non teaching staff
working in private educational institutions to be entitled for 5th
and 6th Pay Commission which was applicable till that time
because the said judgment, though reported in the year 2020 but
was delivered on 07.01.2014. Thereafter, 7th Pay Commission
recommendations have been received by the State and accepted by
the State Govt. for its staff and undisputedly, the 7th Pay
Commission recommendations are applicable to the Colleges run
by the State Govt. and all the teaching and non-teaching staff are
being paid as per 7th Pay Commission recommendations as
accepted by the State Govt.
9. The State Govt. had framed Rules for Grant-in-aid to
non Government Educational Institutions known as Revised Rules
for Grant-in-aid to non-Government Educational Institutions in
Madhya Pradesh which were in terms of the unamended Act. As
per Rule 1 (ii) of the said Rules, the said Rules apply to grant
receiving institutions such as Colleges, Higher Secondary Schools,
Teachers Training Institutions, Sanskrit Institutions, Institutions
for Blind and Deaf, etc.
10. Rule 1 (ii) is as under:- "These rules shall apply to grant
receiving institutions such as Colleges, Higher Secondary Schools,
Middle Schools, Primary Schools and Special Institutions like Pre-
primary Schools, Balak Mandirs, Teachers Training Institutions,
Music and Art Institutions, Institutions for study of Sanskrit and
oriental languages, Institutions for Blind and deaf and such
other institutions as are recognised as special institutions
by Government."
11. Further as per Rule 33(i), a right has been created in favour of
the Teachers and other employees that their pay scales shall be in
accordance with those sanctioned for corresponding categories of
employees in Govt. educational institutions.
12. Rule 33(i) is as under:-
"The scales of pay of the teachers including the Head of the
Institution, and other employees of an educational institution
which is in receipt of Government grant shall be in accordance
with those sanctioned for the corresponding categories of
employees in Government educational institutions."
13. The applicability of Rule 33 (i) of the Grant-in-aid Rule
quoted supra have also been considered earlier by this Court in the
case of Suresh Suresh Kumar Dwivedi Vs. State of Madhya
Pradesh and Others reported in 1993Kumar Dwivedi Vs. State of
Madhya Pradesh and Others reported in 1993 MPLJ 663MPLJ 663
3 CONC-2092-2019
when the State Govt. denied parity of 4th Pay Commission
Pay Scales to employees and Teachers in aided Institutions in the
State and the Division Bench had issued a Writ of Mandamus
holding that such teachers are entitled to revised fixation in 4th
Pay Commission pay scales w.e.f.01.01.1989.
14. The aforesaid Rules do apply to the petitioner as he is an
appointee prior to 01.04.2000 and therefore, he is entitled to a
protection under Rule 33
(i). The State cannot violate the Rules framed by itself and then
take shelter of the same being a policy matter because no policy
can be framed by the State contrary to its own Rules and there
cannot be any other example of arbitrariness and illegality in the
policy, once it is contrary to the Rules framed by the State itself."
At this juncture learned counsel for the respondent submits that
arguing counsel Shri Bharat Singh, Advocate has to argue this case and seeks
for adjournment.
List on 28.4.2025, as prayed by learned counsel for the parties.
(AVANINDRA KUMAR SINGH)
JUDGE
NRJ
