Madhya Pradesh High Court
M.P. Ashaskiya Mahavidyalayeen ... vs The State Of Madhya Pradesh on 29 August, 2025
1 WP-26795-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 29th OF AUGUST, 2025
WRIT PETITION No. 26795 of 2019
M.P. ASHASKIYA MAHAVIDYALAYEEN PRADHYAPAK SANGH
AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS.
WITH
WRIT PETITION No. 1417 of 2020
JAI GOPAL DWIVEDI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS.
WRIT PETITION No. 11753 of 2020
DR. SUSHANT KUMAR SINHA
Versus
THE STATE OF M.P. AND OTHERS
WRIT PETITION No. 29226 of 2022
DR. (SMT.) DEEPA KHARE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri L. C. Patne Advocate through V.C. with Shri Abhay Pandey Advocate for
petitioner.
Shri Siddharth Shukla- Panel Lawyer for the respondent-State.
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 30-08-2025
15:50:53
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ORDER
These petitions have been filed on identical facts and for identical
reliefs and therefore, they are being decided by this common order. For the
sake of convenience, the reference to facts is taken from WP No.
26795/2019.
2. I.A. No. 8888/2025 which is an application for substitution of
L.Rs. has been filed in W.P. No. 1417/2025, is taken up and allowed. Let
necessary correction be carried out during the course of the day.
3. These petitions have been filed in the matter of payment of
pension to teachers who retired from aided non-government colleges. The
petitioners were receiving salary from the State of M.P. under grant in aid
head and the petitions are filed by those teachers who continued to receive
salary from grant paid by the government as they were appointees prior to
31.03.2000 in terms of whom, provisions of Madhya Pradesh Ashaskiya
Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vateno Ka
Sanday) Adhiniyam, 1978 as existing prior to 31.03.2000 has been saved by
the Hon'ble Apex Court in Civil Appeal No. 6362/2004 ( State of M.P. &
Another Vs. Sharique A. Ali and others).
4. The learned counsel for the petitioners at the outset submits that
the issue has been decided by a coordinate Bench of this Court at Gwalior
Bench in W.P. 13514/2019 (Mahesh Babu Sharma Vs. State of Madhya
Pradesh & others).
5. Learned counsel for the respondent-State has vehemently opposed
the petition on the basis of extensive documents placed on record along with
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reply to the present petition. However the counsel for State was unable to
convince this Court that why the judgment passed by the Gwalior Bench may
not be followed, and how this case is different and distinguishable. Learned
counsel for State also raised objection as to maintainability of the petition at
the instance of the petitioner No. 1 in W.P. 26795/2019.
6. The Coordinate Bench of this Court at Gwalior in W.P. No.
13514/2019 has passed the following order -
With the consent of parties, matter is heard finally.
Petitioner has preferred this petition under Article 226 of Constitution of
India seeking for following reliefs :-
"(i) Order impugned Annexure P/1 may kindly be quashed.
(ii) Respondents may kindly be directed to release the pension in
accordance with 6th Pay Commission recommendation.
(iii) Statutory interest over the arrears of pension and other retiral
dues be released to the petitioner."
Brief facts of the case are that petitioner has been retired on 30.4.2012
on the post of Sports Officer. Fixation of pay of petitioner has been done
from time to time and pension payment order of petitioner (Annexure P-
4) has been issued but by the impugned order dated 12.3.2019 passed by
respondents, respondent has deprived him to extend benefit of 6th Pay
Commission on the ground of non availability of direction to grant
benefit. Previously petitioner knocked door of this Court but such
petition was withdrawn with liberty to prefer representation before
authorities. Representation preferred by petitioner has been turned down
vide order Annexure P-1. Being aggrieved by the aforesaid, petitioner
has preferred this petition.
Per contra, learned counsel for respondent no.1 & 2 submits that
petitioner used to work as Teacher with respondent no.3 & 4 i.e. Private
Aided Institution and on attaining the age of superannuation i.e. on 62
years, petitioner stood retired on 30.4.2012. The issue involved in the
present matter is also pending before Principal Seat of this Court bearing
WP No.26795 of 2019 and respondent no.1 & 2 are adopting the return
filed in the said petition. Respondent no.3 & 4 also opposed the prayer
by submitting in their reply that petitioner was working in SSL Jain P.G.
College, Vidisha on grant-in-aid post and salary was paid by State
Government. There was no provision of payment of pension in the
college code. Provisions of M.P. Civil Services(Pension) Rules, 1976 do
not apply to the staff of aided college. The sole liability of payment of
pension to such retired aided teachers is on the State Government and
4 WP-26795-2019
respondent no.3 & 4 have no role in the matter. Therefore, petition
deserves to be dismissed.
Heard counsel for the parties and perused the entire record with due
care.
The Hon'ble Apex Court vide order dated 1.1.2014 passed in Civil
Appeal No.6362/2004 in the case of State of M.P. & Another Vs.
Sharique A. Ali and others in paragraph 5 has held as under :-
"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."
Co-ordinate Bench of this Court in the case of Ashaskiya Anudan
Prapt Adim Jati, Anusuchit Jati Shikshak Avam Karmchari Sangh Vs.
The State of M.P. in WP No.14513 of 2017 decided on 1.4.2019 has held
that employee of Non Government aided institution shall be entitled to
claim benefit of 6th Pay Commission w.e.f. 1.1.2006 along with arrears.
Same issue has also been decided in the case of Rajesh Sharma & Others
Vs. Tribal Welfare and Development Department & Others in W.P.
No.7563/2015 and also in W.A. No.491/2017 order dated 20.3.2019.
Thus, in the light of aforesaid discussion, since order passed by Co-
ordinate Bench of this Court have not been challenged by State
Government in the appeal and same have attained finality and the case of
petitioner is also covered by dictum of this Court as also the order passed
by Hon'ble Apex Court in the case of Sharique A. Ali(Supra).
Accordingly, impugned order dated 12.3.2019 (Annexure P-1) is
hereby quashed and it is directed that respondents shall release pension
of petitioner in accordance with recommendation of 6th pay commission
and calculate arrears of pension and release them accordingly.
Let the aforesaid exercise shall be completed within a period of 3 months
from the date of receipt of certified copy of this order.
With the aforesaid directions, this petition stands disposed of.
C. C. as per rules."
7. The aforesaid order was subsequently followed by a coordinate
Bench at Indore in W.P. No. 16427/2019 and the petition filed by similarly
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situated employees was also allowed. Therefore, this Court does not fined
any just reason to not follow the aforesaid order passed at Gwalior Bench in
W.P. No. 13514/2019.
8. However, it is fairly conceded by the counsel for the petitioners
that against the aforesaid order, W.A. No. 1683/25 has been filed by the
State which is pending before the Division Bench at Gwalior and said appeal
has not been finally decided till date, but the order under challenged has not
been stayed therein.
9. So far as the maintainability of the petition at the instance of
petitioner No. 1 Association in W.P. No. 26795/2019 is concerned, no
resolution mentioning that in case any adverse order is passed then it will
bind each and every employee of the association, is placed on record nor any
bye-laws of the association have been placed on record giving authority to
the association to litigate on behalf of all its members in such a manner that
all members would be bound by decision to be passed in the such litigation.
Therefore, the petition at the instance of association is not maintainable in
terms of the judgment of Division Bench in the case of Prabhat vs.
Barkatullah University (2011) ILR MP 1692 . However, the petition at the
instance of all the individuals are held to be maintainable and are hereby
entertained.
10. The case of the petitioners is similarly situated with case in W.P.
No. 13514/2019 decided at Gwalior Bench which have subsequently been
followed by a coordinate Bench at Indore also in W.P. No. 16427/2019 and
W.P. No. 1820/2023 . Therefore, these petitions are also allowed and
6 WP-26795-2019
disposed of in similar terms. The order in Mahesh Babu Sharma (supra) will
apply to the case of present petitioners mutatis mutandis and their pension,
gratuity and leave encashment shall be revised and paid within the time limit
as fixed in the Case of Mahesh Babu Sharma (supra) . However it is made
clear that in the event W.A. No. 1683/2025 is allowed or stay is granted in
favour of the State, then the said consequences would fall on the present
petitioners also automatically.
11. With the aforesaid observations, the petitions are allowed.
(VIVEK JAIN)
JUDGE
MISHRA
