KULESHWAR PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By the instant petition, the Petitioners have prayed for following relief(s) :-

(2.) Brief facts of the case, as projected by the petitioners, are that the petitioner No.1 is presently working as Lecturer in the Higher Secondary, Manikpur Colliery, SECL, Korba. The Petitioner No.2 was working as Teacher in the Middle School Manikpur Colliery, SECL, Korba and superannuated from the said post on 1/8/2009. On 9/2/1979 (Annexure P/3), the Petitioners were promoted to the post of Upper Division Teacher by the Respondent No.6, which is a society registered under the Societies Registrikaran Adhiniyam, 1973. As per National Coal Wage Agreement-III (for short 'NCWA'), the Respondent No.3 has to provide education facility to the wards of its employees as provided in Clause 8.8.1 of the NCWA (Annexure P/4). Further, the existing recurring grants to private Committee managed school in the coalfield will be enhanced so as to enable the schools to be run better including the payment of higher salaries to the teachers. Coal India provides additional grant of Rs. Two Crores per annum (excluding capital expenditure) for its subsidiary companies which will be administered by a company-wise joint bipartite Committee where workers come forward with their own contribution for the running of educational institutions, matching grants will be given by the coal companies. In order to discharge its obligation of establishing educational institutes for the wards of the employees of the Respondent No.3, a society was constituted on 1/7/1974 i.e. Respondent No.7, and it was granted permission on 29/6/1974 to open the school. However, in the information submitted for seeking permission it was specifically mentioned that the society runs with the financial aid of Western Coalfields Limited (predecessor of the Respondent No.3). It was also mentioned in the said document (Annexure P/5) that the society is not required to be registered because it is registered by the colliery. On the basis of information submitted, on 6/7/1976 (Annexure P/6) permission was granted to society to open the school for the period 1/7/1976 to 31/3/1977 by the District Education Officer, Janjgir, District Bilaspur. Thereafter, vide order dtd. 27/12/1977, the permission was extended for a period 1/4/1977 to 31/3/1977. On 11/3/1980, the Sub-Area Manager of W.C.L., Korba moved an application before the District Education Superintendent, Bilaspur seeking permission to upgrade the school and open Class 9th. On the application moved by the Sub- Area Manager of W.C.L., Korba, a query (Annexure P/7) was raised by the District Education Superintendent, Bilaspur on 15/4/1980 seeking copy of the registration certificate of the society. In reply to the letter dtd. 15/4/1980, the office of the Sub-Area Manager vide its letter dtd. 30/4/1980 (Annexure P/8) categorically informed that the school is to run under the W.C.L. and the society has not been registered till date and source of finance of the society is WCL. On 5/10/1985 (Annexure P/9), an information was sent by the Secretary of the Respondent No.6 in prescribed Form-III of recognition of the school stating very specifically that since the society is run by the WCL (predecessor of SECL), therefore, registration is not required.

(3.) In the year 1992, the Respondent No.6-Society was registered under the provisions of the Act, 1973, and for the reasons that the society was run by the Respondent No.3, the Deputy General Manager of SECL, Manikpur Colliery was made ex-officio Chairman of the Respondent No.6 and the Superintending Engineer, Manikpur Colliery, SECL was made ex-officio Vice President and Accounts Officer, SECL, Manikpur Colliery was made ex- officio Treasurer of the Society. Thus, entire control of the Respondent No.6-society was with the Respondent No.3-SECL. In the year 1991, the Petitioners filed a writ petition being M.P. No.567/91 before the High Court of M.P. at Jabalpur seeking relief that the respondents (therein) be directed to fix pay of the Petitioners and pay them salaries including arrears in accordance with the proper orders of pay of fixation. Thereafter, on 23/9/1998 (Annexure P/11), the High Court of M.P. after allowing the said writ petition directed the Respondent No.3 and 6 herein to fix the Petitioners in proper pay scale, adopt the pay scale for the Petitioners in parity with the pay scale applicable to the Teachers appointed by the State Government in Education Department. It was further directed to the Respondent No.3 to pay the difference of salary to the Petitioners from the date of their appointment as Upper Division Teachers (UDT). Being aggrieved by the said order, two LPA were preferred, one by the Respondent No.3 and another by Respondent No.4 (herein) and the same were registered as LPA 431/98 (SECL Vs. Kuleshwar Prasad and others) and LPA No.432/98 (General Manager, SECL Vs. Kuleshwar Prasad and others). The two LPA filed by Respondent No.3 and 4 were dismissed by the Hon'ble Court by a common order dtd. 27/7/2001 (Annexure P/12) directing the respondents concerned to revise the pay of the Petitioners with effect from 1/3/1991 and to pay the arrears from 1/3/1991. It was further directed that the Petitioners shall also be entitled for revision of their pay in the pay-scale as revised from time to time for the Teachers of the State Government.