SANKARA EDUCATION SOCIETY Vs. VEENA PAL

JUDGEMENT

(1.) The present Writ Appeal preferred by the Appellant - Sri Sankara Education Society is directed against the Order dtd. 8/8/2022 whereby the learned Single Judge has disposed of W.P.(S) No.6540 of 2010 filed by Respondent No.1 - Ku. Veena Pal holding it to be maintainable against the Appellant Society, which is a private unaided educational institution, and further directing the Appellant Society to pay all the monetary benefits in respect of revised pay scale and other dues payable to Respondent No.1.

(2.) The short question that arises for our consideration in this Writ Appeal is as under:-

(3.) The above-stated question of law arises out of the following factual backdrop of the case:- That the Appellant Society is an educational institution and is running a Higher Secondary School in the name of 'Sri Sankara Education Society' situated at Sector 10, Bhilai, District Durg, Chhattisgarh and it is affiliated by the Central Board of Secondary Education. Respondent No.1 - Ku. Veena Pal was working on the post of Assistant Teacher in the Appellant Society. On 22/2/2008, the Respondent No.1 - Ku. Veena Pal filed a Civil Suit seeking damage to the extent of One Lakh rupees against the Appellant Society. Meanwhile, during the pendency of the said Civil Suit, the Appellant Society revised the pay scale as per the recommendations of the Sixth Pay Commission and granted the revised pay scale to all its employees but declined the said benefit to Respondent No.1, which led to her filing of W.P.S. No.6540 of 2010 titled as "Ku. Veena Pal Vs. Sri Sankara Education Society and Others" in which the Appellant Society raised a plea of nonmaintainability of the said writ petition but the learned Single Judge by impugned Order dtd. 8/8/2022 turned down the said plea of non2024:CGHC:11577-DB maintainability in light of the decision of the Supreme Court rendered in the matter of Marwari Balika Vidyalaya v. Asha Shrivastava,(2020) 14 SCC 449 and ultimately directed the Appellant Society to pay the benefits of the Sixth Pay Commission and annual increment payable to Respondent No.1 - Ku. Veena Pal, leading to filing of the present Writ Appeal under Sec. 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 by the Appellant Society.