KANCHAN SHRIVASTAVA Vs. SANJAY SINGH

JUDGEMENT

(1.) THE applicant herein is working as teacher and the grievance of the applicant is that the benefits of 5th pay commission's recommendation as directed by this court is not being paid. The question has been decided in various cases and in W.P.No.2029/2000 (V.V. Asthana and others Vs. State of M.P. and others directions have been issued for granting the benefits and based on the order passed in the case of V.V.Asthana (supra) the petition of the applicant was also allowed and the respondents were directed to pay benefits of 5th Pay Commission recommendation to the applicant.

(2.) NOW the grievance of the applicant is that the said benefit is not being granted even though order was passed in the year 2004/2005 Inter alia contending that the benefits accruing to the applicant by virtue of the acceptance of the 5th Pay Commission recommendation is not extended, this petition for contempt has been filed. After the judgment rendered in the case of V.V. Asthana (supra) and various other cases, the matter travelled to the Supreme Court and finally after SLP was filed and the same was decided by the Supreme Court, now the benefits accruing to the teachers as per recommendation of the 5th Pay Commission are being paid. Complaining non -payment of the aforesaid benefits not only V.V. Asthana but Madhya Pradesh Ashaskiya Mahavidyalayin Ashaikshinik Karmachari Sangh Vs. State of MP and others have also filed contempt applications, both these applications are pending and in both these applications interim order was passed and in pursuance to the interim directions issued by this court in W.P. No.18771/2011(S) various orders have been passed and the State Government has granted benefits to the employees pertaining to their claim arising out of the 5th pay commission recommendation. As payment of the 5th Pay Commission benefits to teachers is being monitored by this court in the case of V.V. Asthana (supra) and Madhya Pradesh Ashaskiya Mahavidyalayin Ashaikshinik Karmachari Sangh (supra), it is not necessary for every person to file individual application for contempt. Once the Court has already directed the State Government to pay benefits of 5th pay commission recommendation to all the teachers, the State Government is expected to implement the order without any discrimination. However, in case the applicant files a representation alongwith the copy of the order passed by this court, the competent authority of the State Government shall look into the matter after taking note of the order already passed in W.P.No.18771/2011(S) and shall issue necessary directions to the District Education Officer or any other authority for granting benefits to the applicant and inspite thereof if the applicant has any grievance he may file an application for intervention in the pending contempt applications filed by V.V. Asthana or the Madhya Pradesh Ashaskiya Mahavidyalayin Ashaikshinik Karmachari Sangh, i.e.... W.P. No.18771/2011(S) so that necessary orders can be issued. On the applicant's filing a certified copy of this order, the benefits accruing to the applicant by virtue of the orders passed by this court in the cases of V.V. Asthana (supra) and Madhya Pradesh Ashaskiya Mahavidyalayin Ashaikshinik Karmachari Sangh (supra) shall be extended to the applicant within a period of 3 months .