CHANDRAKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition has been preferred by the Petitioner under Articles 226 and 227 of the Constitution of India being aggrieved by the arbitrary act committed by the Respondents in not giving her benefit of revised pay scale.

(2.) Learned Counsel appearing for the Petitioner submitted that in spite of the repeated representations and notices (Annexures P4, P5 and P7), Respondent 1/institution is adamant and not granting the benefit of 6th Pay Commission to the Petitioner. Respondent 2/ Central Board of Secondary Education, vide letters dtd. 19/4/2010 (Annexure P6) and 20/7/2010, especially requested Respondent 1/institution to make the payment to the Petitioner as per the affiliation by-laws. Despite that, the benefit of 6th Pay Commission has not been granted to the Petitioner. Rather, the Principal of Respondent 1/institution, vide letters dtd. 28/7/2010 (Annexures P8 and P9), informed Respondent 2/Board that the Petitioner has taken a small matter to the Court and the same is an act of indiscipline and despite direction to withdraw the said civil suit the Petitioner has not obeyed the direction. It was further submitted that the Petitioner has not been granted the benefit of 6th Pay Commission merely because she has refused to withdraw the civil suit. It was further submitted that the civil suit has already been dismissed and presently the Petitioner is not an employee of Respondent 1/institution since 13/1/2016. But, despite that, the amount due has not been paid to the Petitioner. In reply to the notices and in reply to the instant writ petition, the Respondents admitted that the benefits of annual increment and 6th Pay Commission are kept in abeyance till the outcome of the civil suit. The civil suit has already been dismissed, but, despite that, the Petitioner has not been paid the aforesaid benefits. Therefore, it is prayed by Learned Counsel that the Respondents be directed to pay the Petitioner her dues as early as possible.

(3.) Learned Counsel appearing for Respondent 1 submitted that the instant writ petition is not maintainable as it is filed against a private school. It was further submitted that since the Petitioner filed the civil suit against Respondent 1/institution, they were awaiting the result of the civil suit and the payments of revised pay and annual increment are kept in abeyance, which does not amount denial of the payments.