INTHEHIGHa3 v. StateofChhattisgarh

Smt. V. Kumar Respondents Versus State of Chhattisgarh and othere Writ Petition No. 3029 of 2005 Petitioner N.B.Ram Versus Respondents State of Chhattisgarh and others Writ Pefrtion No. 3030 of 2005 Petitioner H. Kumar Versus Respondents State of Chhattisgarh and others Writ Petition No. 3031 of 2005 Petitioner P.N. Tripathi Respondents Versus State of Chhattisgarh and others Writ Petition No.3032 of 2005 Petitioner V.M. Nand Versus Respondents Sl^te of Chhattisgarh and others Writ PetNon No. 3033 of 2005 Petitioner Chandrasen Swarnkar Respondents Versus State of Chhattisgarh and others Writ Petition No. 3034 of 2005 Petitioner Mahesh Ram Swarnkar Respondents Versus State of Chhattisgarh and others Writ Petition No, 3035 of 2005 Petitioner H. C. Patel Respondents Versus State of ChhatKsgarh and othere Writ Petition No, 3102 pf 2QQ5 Petitioner L.P. Pradhan Respondents Versus Stete of ChhatUsgarh and others Writ Petition No. 3263 of 2005 Petitioner Smt. Jawa Kusum Majumdar Respondents Versus State of Chhattisgarh and others WritPetition No. 3474 of 2005 Petitioner B.L. Pradhan Respondents Versus State of Chhattisgarh and others 10 Writ Petihon No. 3475 of 2005 Petitioner V.K. Nayak Respondents Versus Stgte of Chhattisgarh and others Writ Petition No, 3476 of 2005 Petitioner J.R. Naik Versus Respondents State of ChhatUsgarh and others Writ Petition No. 3477 of 2005 Petitioner S.R. Patel Respondents Versus State of Chhattisgarh and others Writ Petition No. 3478 of 2005 Petitioner B.L. Bagarti Respondents Versus State of Chhattisgarh and others Writ Petition No. 3479 of 2005 Petitioner T.C. Pradhan Respondents Vereus State of Chhattisgarh and others Writ Petition No. 3480 of 2005 Petitioner KhemRajPatel Respondents Versus State of Chhatti^arh and others Writ Petition No. 3481 of 2005 Petitioner Kripa Ram Patel Respondents Versus Stateof Chhattisgarh and others 11 WritPetitionNo.3482 <^ Petitioner B.L. Chhatrapati Respondents Versus State <rf Chhattisgarh and others Writ Petition No. 3483 of 2005 Petitioner C.R. Choudhary Respondents Versus State of Chhattlsgarh and others Wnt Petition No. 3484 of 20)5 Petitioner K.S. Pradhan Respondente Versus State of Chhaftjsgarh and others Writ Petition No. 3485 of 2005 Petitioner Vimal Kumar Sahu Respondente Versus State ofChhattisgarh and others Writ Petition No. 3486 of 2005 Petitioner Set Kumar Yadav Respondents Versus State of Chhatt'sgarh and others Writ Petition No. 3487 of 2005 Petitioner Satyanand Bhoi Respondents Versus State of Chhattisgarh and others Writ_Petitjon No. 3488 of 2005 Petitioner A.C.Das Respondents Versus Stats of Chhattisgarh and others 12 Writ Petition No.6156 of 2006 Petitioner D.C.Dwivedi Versus Respondente State ofChhatfisgarh and others Writ Petition No.3558 of 2M5 Petitioners Respondents Versus Dinesh KumarAgrawal and others State of Chhattisgarh and others Writ Petition No.3576 of 2005 Petitioner B.U.B. Reddy Respondents Versus State of Chhattlsgarh and others WritPetitionNo.3577 of 2005 Petitioner P. Bhogi Raju Respondents Versus Stete of Chhattisgarh and others Writ Petition No.3578 of 2005 Petitioner Respondents Y. Veera Swamy Versus State of Chhattisgarh and others WritPetitionNo.3579 of 2005 PeCtioner Smt. N. Laxmi Respondents Versus State of Chhattisgarh and otfiers 13 Writ Petition No.35%) of 2005 Petitioner M. Shiv Prasad Respondents Versus St?te of Chhattisgarh and others WritPetitionNo.3581 of 2005 Peh'tioner J. Ganapathi Rao Respondents Versus State of Chhattisgarh and others WritPetitionNo.3582 of 2005 Petitioner Smt. M. Ratna Bai Respondents Versus State of Chhattisgarh and ottiers Writ PetiBon No.3583 of 2005 Petitioner Smt. B. Rama Bharti Respondents Versus State ofChhattisgarh and others WritPetitionNo.3585 of 2005 Petitioner Smt. K. Vijayalalcshmi Respondents Versus State of ChhatBsgarh and others WntPetitjon No.3586 of 20% Petitioner Smt. Sunanda Rani Dey Respondents Versus State of Chhattisgarh and others Writ Petition No.3587 of 2005 Petitioner V. Subramanyam Respondents Versus State of Chhattisgarh and others 14 WritPetitionNo.3588 of 2005 Petitioner I. Venkata Ramana Respondente Versus State ofChhatt'sgarh and offiers Writ Petition No. 3589 of2(X)5 Petitioner Smt. Y. Sharda Respondents Versus State ofChhatfisgarh and others Wnt^etiflonNo,359aof2005 Petitioner Smt. A. Shobha Naidu Respondents Versus State of Chhattisgarh and others ffidtPetitJonJ^3591_ef2QQ5 Petitioner K. Soma Sekhar Sharma Responclents Vereus State ofChhattisgarh and others WnLPe'Ktion No^35^2^f2M5 Petitioner M. Rama Rao Respondente Versus State of Chhattisgarh and others Writ Petition No. 3783 of 2005 Petitioner Atcshay Kumar & others Respondents Versus State of Chhattisgarh and others Writ Petition No. 3784 Qf 2005 Petitioners Respondente Versus Mahesh Kumar Chandrakar and others State of Chhattisgarh and others 15 Writ PeBtion No. 3803 of 20)5 @ Petitioner Mahendra Kashyap Respondents Versus Stete of Chhattisgarh and others WritPetition No^38Q4 012QQ5 Petitioner Rajesh Chandra Sahu Responcfents Versus State of Chhattisgarh and othere Writ Petition No. 3805 of 2005 Petitioner B.J.Kumar Versus Respondents State ofChhattisgarh and ottiers Writ Petition No. 3806 of 2005 Petitioner Smt. N. Gottlieb Respondents Versus State ofChhattfsgarh and others Writ Petition No. 3822 of 2005 Petitioner M.R. Kashyap Respondents Versus Stete of ChhatUsgarh and others Writ Petifion No. 3823 of 2005 Petitioner Chaitram Yadav Respondente Versus State ofChhattisgarh and others Writ Petition No. 3829 of 20)5 Petitioner V.K. Purohit Versus Respondents State of Chhaffisgarti and others 16 WritPetitionNo.3830 of20)5 Petitioner B.P. Sahu Versus Respondents State of Chhattisgarh and others Writ Petition No. 3831 of 2005 Petitioner J.B. Pradhan Respondents Versus State ofChhattisgarh and others Writ Petition No. 3832 of 2005 Petitioner Respondents <1 Versus S.D. Pradhan State of ChhatUsgarh and others WritPetition No. 3833 of 2005 Petitioner T.L. Yadu Versus Respondents State of Chhattisgarh and others Writ Petition No. 3835 of 20)5 Petitioner Jogsfngh Versus Respondents State of ChhatU^arh and others Wnt Petjtion No, 3836 of 2005 Petitioner R.N. Pradhan Respondente Versus State ofChhattisgarh and others Writ Petition No. 3837 of 2005 Petitioner I.G. Goswami Respondents Vereus State of Chhattisgarh and others 17 Writ Petitioni'io, 3838 of2005 Petitioner J.K Bhoi Versus Respondente State of Chhattisgarh and others Writ Petition No. 3839 of 2005 Petitioner S.N.Sahu Vereus Respondents State ofChhattisgarh and others Writ Petition No. 3841 of 2005 Petitioner Anant Ram Versus Respondents State of Chhattisgarh and others Writ Petition No. 3861 of 2005 Petittoner Smt. Uma Sheel Respondents Vereus State ofChhattisgarh and others Writ PetitionNo. 3862 of 2005 Petitioner Respondente Versus Sandh^ Rani Jena State of Chhattisgarh and others Wnt Petition No. 3863 of 2(X35 Petitioner M.V.M. Satya Narayana Respondents Versus Stete of Chhattisgarh and others Writ Petition No. 3865 of 2005 Petitioner K.C. Panda Respondents Versus State of Chhattisgarh and others 1S Writ PeUtion No. 3874 of 2005 Petitioner Raghav Ram Rajput Respondents Versus State of ChhatUsgarh and others Writ Petition No. 3878 of 2005 Petitioner P. Meher Versus Respondents State ofChhatti^arh and othere Writ Petition No. 3879 of 2005 Petitioner V.B. Satpathy Respondents Versus State of Chhattisgarti and othere Writ Petition No. 3880 of 2005 Petitioner R.S. Pradhan Respondents Versus State ofChhattisgarh and others WntPetition ^3881 of 20)5 Petitioner Surendra Bhoi Respondente Versus State of Chhattisgarh and others Writ Petition No. 3884 of 2005 Petitioner O.P. Choudhari Respondents Versus State of Chhattisgarh and ofliers Writ Petition No, 3887 oL2CX)5 Petitioner Gajraj Pradhan Respondents Versus State of Chhattisgarh and others 19 Wrtt Petition No. 3888 of 2005 Petitioner H.K. Patro Versus Respondente State of ChhatBsgarh and ottiers WritPetition No,3896 of 2005 Petitioner K.N. Patel Versus Respondente State of Chhattisgarh and others Writ Petition No. 3900 of 2005 Petitioner P. Bhoi Versus Respondente State of Chhattisgarti and others Writ PetiCon No. 3901 of 2005 Petitioner C.R. Pradhan Respondents Versus State ofChhattisgarh and others Writ Petition No. 3902 of 2005 Petitioner K.R.Patel Versus Respondents State of Chhattisgarh and others Writ Petition No. 3903 of 2005 Petitioner R.K. Pradhan Respondents Versus State ofChhattisgarh and otfiers Writ PeUtion No. 30)4 of 2005 Petitioner Smt. Janak Pradhan Respondents Versus State of Chhattisgarh and others 20 ^I Writ Petition No. 3905 of 2005 Petitioner S.R. Patel Versus Respondents State of Chhattisgarh and ottiers Writ Petition No. 3906 ot2(XS Petitioner Parmanand Bhoi Respondents Versus State ofChhatUsgarh and others Writ Petition No. 3908 of 2W5 Petitioner S.Dey Versus Respondents State of Chhattisgarh and others Wrtt Petition No. 3909 of 2005 Petitioner N.C, Dey Versus Respondents State of ChhatUsgarh and others Writ Petition No. 3910 of2005 Petitioner Smt. D. Das Versus Respondents State of Chhattisgarh and others Writ Petition No. 3911 of 2005 Petitfoner Smt. T. Mukharjee Respondents Versus State of Chhattisgarh and others WritPeWon No. 3912 of 2(X)5 Petitioner P.K. Barui Versus Respondents State of Chhattisgarh and others 21 Writ Petition No. ^13 of 2005 Petitioner R.B. Choudhary Respondents Versus State of Chhattisgarh and others Writ Petition No. 3914 of 2005 Petitioner M.Dey Versus Respondents Stete of Chhatti^arh and others Writ PetitionNo. 3915 of 2005 Petitioner SmtRitaRoy Respondents Versus State of Chhattisgarh and others Writ Petition No. 3916 of 2005 Petitioner B.M. Choudhary Respondents Versus State of Chhattisgarh and others Writ Petition No. 3917 of 2005 Petitioner B.K. Sarkar Versus Respondents State of Chhattisgarh and others Writ Petition No. 3918 of 2005 Petitioner J. Choudhury Respondents Versus State of ChhatUsgarh and others y&itPetition No. 3919 of 2005 Petitioner A.De Versus Respondente State of Chhattisgarh and others 22 -'gq Wrlt Petition No. 3920 of 2005 Petitioner Sujit Roy Versus Respondents State of ChhatBsgarh and olhers Writ Petition No. 3933 of 2005 Petitioner Ram Khilawan Sarraf Respondents Versus State of Chhattisgarh and others Writ Petition No. 3934 of 2005 Petitioner Narendra Kumar Dubey Respondents Versus State of ChhatUsgarh and othere Writ PeUtion No. 3935 of 2005 Petitioner Sarita Shukla Respondents Versus State ofChhatti^arh and others Writ Petition No. ^36 of 2005 Petitioner Ram Gopal Tiwari Respondents Versus State of Chhattisgarh and others WritPetition No. 3937 of 2005 Petitioner Ku. E. Luies Respondents Versus State of Chhattisgarh and others Writ Petition No. 3939 of 2005 Petitioner Sunit Francis Respondents Versus State ofChhattisgarh and others 23 WritPetitionNo.3940of 20TO Petitioner Respondents Smt. Jolly Winsent Versus State of ChhatUsgarh and others Writ Petition No. 3941 of 2005 Petitioner Neeraj Shrivastava Respondents Versus State ofChhattisgarh and others WritPetitionNo.3942 ef 2005 Petitioner Ku. P. Rajana Naldu Respondents Versus State of Chhattisgarh and others Writ Petffion No. 3943 of 2005 Petitioner Smt. Kusum Bai Respondents Versus State ofChhatdsgarh and others Writ Pstition No. 3945 of 2005 Petitioner Steeven Lozarous Respondents Vereus State ofChhattisgarh and others Writ Petition No. 3946 of 2005 Petitioner Avinash Chandra Upacfhyay Respondente Versus State ofChhatUsgarti and others Writ Petition No. 3947 ofZTOS Petitioner Respondents Alois Minj Versus State of Chhattisgarh and others 24 WritPetifionNo. 3948 of 2005 Petitioner Ranjit Singh Versus Respondents State of Chhattisgarh and others Writ Petftion No. 3949 of2QQ5 Petitioner Anthoney Lakra Respondents Versus State of Chhattisgarh and others Writ Petition No. ^50 of 2005 Petitioner Manoj K. S. Baghel Respondents Versus Sterte of Chhattisgarh and others WtitPetition No. 3951 of 2005 Petitioner Sirish Koranne Respondents Versus State of Chhattisgarti and others WritPetition No. 3952 of 2005 Pet'rtioner Comelius Kujur Respondents Versus State of Chhattisgarh and others Writ PetNion No. 3953 of 2005 Petitioner Boniface Kujur Respondents Versus State of Chhattisgarh and ottiers Writ Petition No. 3954 of 2005 Petitioner Nabor Kerketta Respondents Versus State of ChhatSsgarh and othere 25 '1^ Writ Petih'Qn No. 3955 of20^ Petitioner Gautam Singh Gaharwar Respondente Versus State ofChhattisgarh and others Writ Petibon No, 3957 of 2W& PeCtioner Respondents Manihar Lakra Versus State of Chhattisgarh and others Writ Petition No. 3958 of 2005 Petitioner Anuranjan Kertcetta Respondents Versus State ofChhattisgarh and others Writ Petition No. 3959 of 2Q Petitioner Alois Lakra Versus Rsspondente State of Chhattisgarh and others WritPetitionNo. 3S6Q ot2Q05 Petitioner Respondents Nirmal Ekka Versus State ofChhattisgarti and othera Writ Petition No. 3961 of 2005 Petitioner Laxmi Prasad Sinha Respondents Versus State of Chhattisgarh and others Writ Pstition No. 3991 of 2005 Petitioner Konda Rao Versus Respondents State oTChhattisgarh and others 26 Writ Petition No. 3992 of 2QS5 Petitioner Smt. R. Pathak Respondente Versus State of Chhattisgarh and others Writ Petition No. 3993 of 2005 Petitioner Respondents Smt. Munni Singh Versus State of ChhatUsgarh and others Writ Petition No. 3994 of 2005 Petitioner Smt. P. Kachhap Respondents Versus Stete of Chhattisgarh and others Writ Petifen No. 3995 of 20S Petitioner Smt. Sabina Xalxo Respondents Versus StateofChhattisgarh and others Writ Petition No. 3996 of 2005 Petitioner Ajit Kujur Vereus Respondente State of Chhattisgarh and others Writ Petition No. 3997 of 2005 Petitioner Smt. Christina Tigga Respondents Versus Sfate of Chhattisgarh and othere WritPetitiQfLNo. 3998 ^f 2005 Petitioner Ku. Phulkena Kujur Respondents Versus State of Chhattisgarh and others 27 Writ Petition No. 3999 of 2005 Petitioner IsaacTirkey Respondents Versus State of Chhafflsgarh and others Writ Petition No. 400) ol2Q05 Petitioner Smt. Sharda Devi Respondents Versus State ofChhattisgarh and others Writ Petition No. 4001 of 2005 ,letitioner Ku. P.S. Zema Respondents Versus State of Chhattisgarh and others Writ Petition No. 4002 of 2TO5 Petitioner Sushma Toppo Respondents Versus State of Chhaffisgarh and others Writ Petition No. 4003 of 20)5 Petitioner Smt. A.F. Hashmi Respondents Vereus State of Chhattisgarh and others Writ Petition No. 4004 of 2TO5 Petitioner R.K. Lall Vereus Respondents State of Chhattisgarh and others Writ Petition No. 4005 of 2005 Petitioner Respondents Smt. S. Acquilla Versus State of Chhaffisgarh and others 28 \z Writ Petition No. 4006 of 2005 Petitioner Muni Singh Versus Respondents State of Chhattisgarh and others Writ Petition No. 4007 of 2005 Petitioner Smt. Yajana Borker Respondents Versus State ofChhattisgarh and others Writ Petition No. 4036 of 2005 Petitioner Respondents Pankaj Mishra Versus State of Chhattisgarh and others Writ Petition No. 4037 of 2005 Peft'tioner E.K. Anthoney Respondents Versus State of Chhattisgarh and ottiers Writ Petition No. 4038 of 2005 Petitioner Respondents Smt. F. Minj Versus Stete of Chhattlsgarh and others Writ Petition No. 4039 of 2005 Petitioner P. Chinna Rao Respondents Vereus State of Chhattisgarh and others WritPetition No. 4042 of 2005 Petitioner Respondents Devesh Awasthi Versus State of Chhattisgarh and othere 29 Writ Petition No. 4043 of2(X& Petitioner Respondents Smt. Molly Ruben Versus State of Chhattisgarh and oihers Writ Petition No. 4044 of 2005 Petitioner Respondents Anthony Baraik Versus State of Chhattisgarh and others Writ Petition No, 4045 of 2005 Petitioner Respondents Pius Toppo Versus Stete of Chhattlsgarh and others Writ Pstition No. 4046 of 2005 Petitioner Respondents Versus Anand Kumar Toppo State of Chhattisgarh and others Writ Petitton No. 4047 of 2005 Petitioner Ku. Dipti Toppo Respondents Versus State of Chhattisgarh and others WjitPetitionNo. 4048 of 2005 Petitioner Prakash Tirkey Respondents Versus State of Chhattisgarh and others Writ Petition No. 4049 of 2(ffi5 Petifioner Deonis Elda Respondents Versus State ofChhattfsgarh and ottiers 30 -!| ^ Writ Petition No. 4050 of 2005 Petitioner M.C. Sarangi Respondents Versus Stete of Chhattisgarh and others Writ Petition No. 4051 of 2005 Petitioner Hemant Minz Respondents Versus State of Chhattisgarh and others Writ Petition No. 4052 of 2005 Petttioner Dilip Kerketta Respondents Versus State of Chh^isgarh and oifters Writ Pstition No. 4053 of 20)5 Petitioner Jai Masih Lakara Respondents Veisus State ofChhattisgarh and others Writ Petition No. 4054 of 2005 Petitioner Rafel Toppo Versus Respondents State of Chhattisgarh and others Writ Petition No. 4055 of 2005 Petitioner Harman Bara Rsspondents Versus State of Chhattisgarh and others Writ Petition No. 1799 of 2006 Petitioner Balaji Singh Kharsan Respondents Versus Stete of Chhattisgarh and ottiers 31 WritPetitionNo.4105 of 2005 Petitioner Abid Ekka Vereus Respondents State of Chhattisgarh and othters Writ Petition No. 4107 of 2005 Petitioner Vivek Ranjan Jaiswa! Respondents Versus Stete of Chhattisgarh and others WritPetitionNo.4109 of 2005 Petitioner Smt. Asha Dwh/edi Respondente Versus State of Chhattisgarh and others Writ Petition No. 4110 of 2005 Petitioner V. Bargah Versus Respondents State of Chhattisgarh and others Writ Petition No. 411 1 of.2TO5 Petitioner Smt. S.IVI. Upadhyay Respondents Versus State of Chhattisgarh and others Writ Petition No. 4112 of 2005 Petitioner S.C. Soni Versus Respondents State ofChhattisgarh and others Writ Petition No. 4113 of 2W5 Petitioner Smt. S. Deshpande Respondents Versus State of Chhattisgarh and others 32 \^ Writ Petition No. 4114 of2005 Petitioner Respondents Versus Smt. Prabha Munje Stete of Chhatttsgarh and others Writ Petition No. 4117 of 2005 Petitioner Smt. Raji Kumari Thakur Respondents Versus State of ChhatUsgarh and others WritPetition No.4118of2005 Petitioner Smt. S. Mishra Respondents Versus State of Chhattisgarh and others WritPetition No.4119of2005 Petitioner Ashok Singh Respondents Versus Stete ofChhaUsgarh and others Writ Petition No. 4120 of 2005 Petitioner William Toppo Respondents Versus Sterte of ChhatUsgarh and others Writ Petition No. 4121 of 2005 Petitioner Barnabas Kujur Respondents Versus State of Chhattisgarh and ottiere Writ Petition No. 4161 of 2005 Petitioner Chandra Kiran Masih Respondents Versus State of Chhattisgarh and others 33 ^ Wrt Petitjon No. 4162 of 2005 Petitioner Smt. S.N. Andrews Respondente Versus Stgjte of Chhattisgarh and others Vftit Petition No. 4163 of2(»5 Petitioner Manjula Henri Respondents Versus Stete of Chhatti^arh and others VWt Petition No. 4164 of 2005 Petitioner Smt. Alka Sadhu Respondents Vsrsus State of Chhattisgarh and others Wit Petitfon No. 4165 of 2005 Petitioner Laxmi Prasad Yadav Respondents Versus State of Chhattisgarh and others Writ PeBHon No. 4166 of 2005 Petitioner Smt. Mamta Rani Kanwar Respondents Versus State of Chhattisgarh and others Writ Petition No. 4167 of 2005 Petttioner Smt. S.L. Johns Respondents Versus State of ChhatBsgarh and oUiers Wnt Petition No. 4168 of 2005 Petitioner B.R. Chandranahu Respondents Versus State of Chhattisgarh and others 34 w Writ Petition No. 4169 of 2005 Pefltioner Benedict Minj Respondents Versus Sterte of Chhattisgarh and others Writ Petition No. 4170 of 2005 Petitioner Respondents H. Anthoney Versus State of ChhatBsgarh and others Wnt Petition No. 4171 of 2005 Petitioner Smt. D. Francline Respondente Versus State of Chhattisgarti and others Wnt Petitfon No. 4172 of 2005 Petitioner I. Minj Versus Respondents Stete of ChhatBsgarh and othera Writ Petition No. 4173 of 2005 Petitioner Respondenls SmtS.Ekka Versus State of Chhattisgarh and others Writ Petition No. 4174 of 2005 Petitioner Respondents Versus Jung Bahadurt Gurung State of Chhattisgarh and others Writ Petition No. 4175 of 2005 Petitioner Victor Barwa Versus Respondents State of Chhattisgarh and others :sai 35 Wnt^etiUonNo. 4176 of 20)5 ^ Petitioner Jagdeo Ram Respondents Versus State of Chhath'sgarh and otfiers Writ Petition No. 4177 of 2005 Petitioner Ronatd R. Peter Respondents Versus State of Chhattisgarh and ottiers Writ Petifon No. 4178 of 2005 Petitioner Smt. Archana Das Respondents Versus State ofChhattisgarh and others Writ Petition No. 4179 of 2005 Petitioner Miss Rukhsana Usmani Respondents Versus State of Chhattisgarh and others Writ Petition No. 4180 of 2005 Petitioner Smt. P.S. Pillai Respondents Versus State ofChhattisgarh and others Writ Petition No. 4181 of 2005 Petitioner Respondents Versus Rameshwar Prasad Chandrakar State ofChhattisgarh and others Writ Petition No. 4182 of 2005 Petttioner Ku. S. M. Lal Respondente Versus State of Chhattisgarh and otfiers "^ 36 WritPetition No. 4185 of 2005 Petitioner Smt. T. Emeelya Hemlata Respondents Versus State of Chhattisgarh and dlhers Writ Petition No. 4186 of 2005 Petitioner Santosh Kumar Yadav Respondente Versus State of Chhattisgarh and others Writ Petition No. 4187 of 2005 Petitioner Smt. Viviyan Scott Respondents Versus Stete of Chhattisgarh and others WritPetition No. 4188 of 2005 Petitioner Smt. A.M. Barde Respondents Versus State of Chhattisgarh and others Writ Petition No. 4189 of 2005 Petitioner Smt. Mridula Peter Respondente Versus State ofChhattisgarh and ottiers Writ Petition No. 4218 of 2W5 Petitioner H.K. Deshmukh Respondents Versus State ofChhattisgarh and others Wnt Petition No. 4222 of 2005 Petitioner D.K. Pareta Respondente Versus State ofChhattisgarh and ottiers 37 WritPeBtion No. 4224 of 2005 Petitioner I.P. Sahu Versus Respondente State ofChhattisgarh and others WritPeStion No. 4225 of 2005 Petitioner Smt. Razi Vaddan Respondents Versus State ofChhattisgarh and others Writ Petition No. 4226 of 2005 Petitioner Respondents P.N. ^irawal Versus State of ChhaUsgarh and others Writ Petition No. 4227 of 2005 Petitioner D.K. Swamakar Respondents Versus State ofChhattisgarh and others Writ Petition No. 4228 of 2005 Petitioner Respondents Versus Ravi Kumar Sharma State ofChhattisgarh and others Writ Petition No. 4229of2®5 Petitioner Respondents N.K. Royzada Versus State of ChhatUsgarh and others Writ Petition No. 4230 of 2005 Petitioner P.L. Dewangan Respondents Versus State of Chhattisgarh and others 38 Writ Petition No. 4231 of 2005 Petitioner M.L. Sharma Respondents Versus .State ofChhattisgarh and othere Writ Pefition No. 4232 of 2005 Petitioner Smt. Pushpa Shrivastava Respondents Versus State of Chhatdsgarh and others Writ Petition No. 4233 of 2ffi)5 Petitioner Smt. Usha Deshmukh Respondents Versus State ofChhattisgarh and others Writ Petition No. 4234 of 2005 Petitioner Smt. Sudha Nath Respondente Versus State ofChhattisgarh and others Writ Petition No. 4235 of 2005 Petitioner Smt. Usha Thoke Respondents Vereus State of Chhath'sgarh and others WritPetitionNo.4236 of 2005 Petitioner Smt. Kamar Sultana Respondents Versus State of Chhattisgarh and ottiers Writ Petition No. 4237 of 2W5 Petitioner G.D. Jangade Respondents Versus Stete of Chhattisgarh and others 39 ^ Writ Petition No. 4238 of 20)5 Petitioner R.K. Deo Versus Respondents State of Chhattisgarh and others WritPetitlon Na4248 of 2005 Petitioner Respondente Versus Smt. Anjali Shrivastava Stete of Chhattisgarh and others Writ Petition No. 4249 of 2005 Petitioner Smt. Lalita Thakur Respondents Versus State ofChhattisgarh and others Writ Petition No. 4321 cf 2005 Petitioners Ashok Hazara & othere Respondente Versus State of Chhattisgarh and others Wrrt PetiUon No. 4322 of 2005 Petitioners Respondents Versus Smt. Chhitra Nagpal and others State of Chhattisgarh and others Writ Petition No. 4459 of 2005 Petitioner Sukhi Ram Respondents Versus State of Chhattisgarh and others Writ Petition No. 4460 of 2005 Petitioner K.S. Thakur Respondents Vereus State of ChhatUsgartt and others 40 Writ Petition No. 4461 of 2005 Petitioner Respondents Smt. N. Chopda Versus State of Chhattisgarti and oUiers Writ Petition No. 4462 of 2005 Petitioner Respondsnts Versus Ram Singh Kanvart Stete of Chhattisgarh and others WntPetltjon No. 4469 of 2005 Petitioner Respondente N.K. Twan Versus State of Chhattisgarh and others Writ Petition No. 4471 of 2005 Petitioner R.N. Jaiswal Respondents Versus State ofChhattisgarh and others Writ Petition No. 4472 of 2005 Petib'oner R.L. Vishwakarma Respondents Versus State of Chhattisgarh and others Writ Petition No. 4473 of 2005 Petitioner R.K. Tiwari Versus Respondente State ofChhattisgarh and others Writ Petition No. 4474 of 2005 Petitioner Ku. P. Kaser Respondents Versus State of Chhath'sgarh and others 41 ^ WritPeUtjon No.4475 of2Qre Petitioner Thamas P.C. Respondents Versus State of Chhattisgarh and others Writ Petition No. 4476 of 2005 Petitioner Mahendra Kumar Respondents Versus State of Chhattisgarh and others WritPe1BtionNo,447ZQf2005 Petittoner V.K. Maheshwari Respondents Versus State ofChhattisgarh and others Writ Petition No. 4478 of 2005 Petltioner N.K. Dewangan Respondente Versus Stete of ChhatUsgarh and othere Writ Petition No. 4479 of 2005 Petitioner Sunita Nigam Respondente Versus State of Chhattisgarh and others Writ Petition No. 4480 of 2005 Petitioner Smt. R. IV!. Sharma Respondents Versus State of Chhattisgarh and others Writ Petition No. 4481 of 2005 Petitioner K.C. Pandey Versus Respondents Stete of Chhattisgarh and others 42 <^ Writ Petition No. 4482 of 2005 Petitioner M.D. Sen Versus Respondents State ofChhattisgarh and olhers Writ Petihon No. 4483 of 2005 Petitioner S.K. Sawarkar Respondente Versus State of Chhattisgarh and others Writ Petition No. 4484 of 2005 Petifener Amrit Lat Sahu Respondente Versus State of Chhattfsgarh and others Writ Petition No. 4485 of 2005 Petitioner Mlakhanpuri Goswami Respondents Versus State of Chhattisgarh and others WritPetitionNo.4486 of 2005 Petitioner Mohan La! Sharma Respondents Versus State of Chhattisgarh and others Writ Petition No. 4487 of 2005 Petitioner Smt. Kanti Baghel Respondents Versus Stete ofChhattisgarh and others WritPetitjon No. 4488 of 2005 Petitioner Aruna Hariharno Respondents Vereus State of Chhattisgarh and othera — 43 Writ Petition No. 4489 of 20)5 Petitioner Smt. B. Leela Patnaik Respondents Versus State of Chhattisgarh and ottiers Writ Petition No. 4490 of 2005 Petitioner B.L. Chandel Respondente Versus State of Chhattisgarh and others Writ Petition No. 4491 of 2005 Petittoner V.P. Mishra Versus Respondente State of Chhattisgarh and others Writ Petition No. 4492 of 2005 Petitioner V.P. Sharma Respondents Versus State ofChhattisgarh and othere Writ Petition No. 4493 of 2005 Petitioner T.K. Choudhary Respondents Versus Stete of Chhattisgarh and others Writ Petition No. 4511 of 2005 Petitioner Anand Kumar Mandat Respondente Versus State of Chhattisgarft and others Writ Petition No. 4512 of 2005 Petitioner Radha Gow'nd Tiwari Respondente Versus State of Chhattisgarh and others 44 l^ Writ Petition No. 4513 of 2005 Petitloner Ku. Margret niilip Respondents Versus State of Chhattisgarh and ofters Writ Petition No, 4514of2005 Petitioner B.L. Kushwaha Respondents Versus State of Chhattisgarh and others Writ Petition No. 4517 of 2005 Petitioner James Ekka Respondents Versus State of ChhatSsgarh and ottiers Writ Petition No. 4518 of 2005 Petitioner Smt. Swarup Bai Dansena Respondents Versus State of Chhattisgarh and others Writ Petition No. 4519 of 20)5 Petitioner Shibapada Baidya Respondents Versus State of Chhaffisgarh and others Writ PetMon No. 4520 of20Q5 Petitioner Deo Kumar Gupta Respondents Versus State of Chhattisgarh and others Writ Petition No. 4521 of 2005 Petitioner Smt. Prabha Singh Rana Respondents Versus State of ChhatBsgarh and others 45 \^\ Writ PetitionNo. 4525 of 2005 Petitioners Smt. N. Sheikh & others Respondents Versus State of Chhattisgarh and o&iers Writ Petition No. 4529 of 2005 Petitioner Smt.AkhtarShah Respondents Versus State ofChhattisgarh and oUiers Writ Petition No. 4530 of 2005 Petitioner Ku. Rehana Shahnaz Respondente Versus State of ChhatBsgarh and others Writ Petition No. 4531 of 2005 Petitioner Smt. Qadeer Khan Respondents Versus State of Chhattisgarh and others Writ Petition No. 4532 of 2005 Petftioner Respondents Bhau Rao Bagade Versus Stete of ChhatUsgarh and others Wrjt PetitiQn No. 4533 of 20)5 Petitioner N.V.Rao Versus Respondents State of Chhattisgarh and others Writ Petition No. 4534 of 2005 Petitioner Smt. D.S. Laxmi Respondents Versus State of Chhattisgarh and others 46 w WntPeUtion N.o. 4535^(2005 Petitioner Respondents D. Ramam Vereus State ofChhattisgarh and others Writ Petibon No, 4663 of 2W5 Petitioners Respondents Versus Ratnesh Benjamin & others State of Chhattisgarh and others Writ Petition No. 4664 of 2005 Petitionera Respondents Versus Mohd. Shoaeb Ansari & others State of Chhattisgarti and others Writ Petition No. 4680 of 2005 Petitioner Joseph Tigga Respondents Versus State of Chhattisgarh and others Writ Petition No. 4681 of 2WS Petitioners Respondents Versus Ku. Mary Patel Xalxo and others State ofChhattisgarh and others Writ Petition No. 4682 of 2005 Petitioner Bhinsent Kujur Respondents Versus Stete of Chhattisgarh and othere Writ Petition No. 4683 of 2005 Petitioner Marcus Panna Respondents Versus State ofChhattisgarh and others 47 'l^ Writ Petition No. 4684 of 2005 Petitioner Ruben Tirkey Respondente Versus State ofChhattisgarh and ottiers Writ Petition No. 4685 of 2005 Petitfoner Anugrah Kujur Respondenfs Versus State of Chhattisgarh and others Writ Petition No. 4713 of 2005 Petitioner Radheshyam Barik Respondents Versus State of Chhattisgarh and others WritPetition No. 4737 of 2005 Petitioner Smt. Sulochana Respondents Versus State ofChhattisgarh and others Writ^efflon No. 4739et20Q5 Petftioner Nicodin Barwa Respondents Versus State ofChhattfsgarh and others Writ Petition No. 4740 of 2005 Petitioner Shankar Ram Gupta Respondents Versus State of Chhattisgarh and othere Writ Petition No. 4745 of 2005 Petitioner James Ekka Respondents Versus State of Chhattisgarh and others 48 l€ Writ Petition No. 4746 of 2005 Petitioner Respondente Vereus Ku. Arik Mary Rose Bachmann State ofChhattisgarh and others Mfrit^ettotLNo.4747 Petitioner Respondents Fuljene Lakara Versus State of Chhattlsgarh and others Writ Petition No. 4749 of 2005 Petitioner Martin Toppo Respondents Versus State ofChhattisgarh and others WritPetitionNo.4767 of 2005 Pstifoner M. Kateem Versus Respondents State of Chhattisgarh and others Writ Petitlon No. 4785 of 2005 Petitioner Suresh Chand Sharma Respondente Versus State ofChhattisgarh and others WritPetitionNo. 4798 of 2005 Petitioner Ku. Anastsiya Kujur Respondsnts Versus Stete of ChhatUsgarh and others Writ Petition No. 4800 of 2005 Petitioner Ku. Ememcia Ekka Respondents Versus State of Chhattisgarh and ottiers 49 Wnt PetittonNo. 4801 of 2005 Petitioner Respondents Edward Tirkey Versus State of Chhattisgarh and others Writ Petition No. 4802 of 2005 Petitioner Ku. Deodatta Ekka Respondente Vereus State of Chhattisgarh and others Writ Petition No. 4803 of 20)5 Petitioner Respondents Versus Miss Sabina Lakra State of ChhatBsgarhand others Writ Petition No. 4804 of 2005 Petitioner Ku. Carmela Ekka Respondents Versus State of Chhattisgarh and others Writ Petition No. 4805 of2(X35 Petitioner Ku. Clementina Tirkey Respondents Versus Stete of Chhattisgarh and others Writ Petition No. 4806 of 2005 Petitioner Ku. Lawrencia Lataa Respondents Versus State ofChhattisgarh and others Writ Petition No. 4807 of 2005 Petitioner Martin Ekka Versus Respondents State of Chhattisgarh and others 50 Writ Petition No. 4808 of 2005 Petitioner Ku. Dilbaso Ekka Respondents Vereus State ofChhattisgarh and others Writ Petition No. 4809 of 2005 Petitioner Respondents Harit Ram Versus State of Chhattisgarh and ottiers Writ Petition No. 4810 of 2005 Petitioner Ku. Bertha Toppo Respondents Versus State of Chhattisgarh and others Writ Petition No. 4811 of 2Q05 Petitioner Ku. Lavrencia Kujur Respondents Versus State of Chhattisgarti and others Writ Petition No. 4812 of 2005 Petitioner Ku. Sushana Kujur Respondents Versus State ofChhattisgarh and othere Writ Petition No. 4813 of 2005 Petitioner Ku. Tarsila Toppo Responderrts Versus State of Chhattisgarh and others VVriLPetition No^4814of 2005 Petitioner Ku. Many Fransisca Lakra Respondents Versus State of Chhattisgarh and others 51 Writ Petition No. 4815 of 2005 Petitioner Respondents Ku. Agnes Lakra Versus State of Chhattlsgarh and others WritPetitiontto. 4816 of 2005 Petitioner Virgina Kerketta Respondents Versus State of Chhattisgarh and others Writ Petition No. 4817 of 2005 Petitioner Selvester Ekka Respondents Versus State ofChhattisgarh and others Writ Petition No. 4859 of 2005 Petitioner Smt. S. Roy Respondents Versus State of Chhaffisgarh and others Writ Petition No. 4860 of 2005 Petitioner Smt. K. Talukdar Respondente Versus State ofChhattisgarh and others Writ Petition No. 4861 of 2005 Petftioner Smt. M. Roy Versus Respondents State of Chhattisgarh and others Writ Petition No. 4862 of 2035 Petitioner Smt. S. Bhattacharjee Respondents Versus State of Chhatttsgarh and ottiers 52 WritPetitionNo. 5004 of 2005 Petitioner V.T. Peter Versus Respondents State of Chhattisgarti and others Writ Petition No. 5086 of 2005 Petitioner M.R. Dewangen Respondents Versus State of Chhattlsgarh and others Writ Petition No. 5088 of 2005 Petitioner F.L. Pandey Respondents Versus State ofChhattisgarh and others Writ Petition No. 5089 cf 2005 Petitioner B.L. Shandilya Respondents Versus Stete of Chhattisgarh and othere Writ Petition No. 5090 of 2005 Petitioner S.N. Chaudhari Respondents Vereus State of Chhattisgarh and others Wnt Petition No. 5092 of 2005 Petitioner R.L. Sahu Versus Respondente State of Chhattisgarh and others WritPetition No. 5093 of 2005 Petitioner H.G. Goswami Respondente Versus State of Chhattisgarh and others 53 Writ Petition No. 5135 of 2005 Petitioners Respondents Versus Vinod Kumar Sharma and others » State of Chhattisgarh and others Writ PeU'tion No. 5191 of 2005 Petitioner Jogchim Kisptta Respondents Versus State of Chhattisgarh and others Writ Petition No. 52% of 20)5 Petitioner Niryus Lakara Respondents Versus Stete of Chhafflsgarh and others Writ Petition No.5237 of 2005 Petitioner Smt. Maristella Lakara Respondents Vereus State of Chhattisgarh and others WritPettton No. 5238 of 2005 Petitioner Ku. Chonhanti Tirkey Respondents Versus State of Chhattlsgarh and others Writ Petition No. 5239 of 2005 Petitioner Ku. Scholastica Soureng Respondents Versus State of Chhattisgarh and others Writ Petitton No. 5240 of 2005 Petitioner Smt. Jesinta Kujur Respondents Versus State of ChhatUsgarh and others 54 WritPetitionNo.5241 of 2005 Petitioner Hylarius Mfnz Respondents Versus State of Chhattisgarh and others Writ Peh'tion No. 5242 of 2005 Petitioner Abraham Lakara Respondents Versus State of Chhattisgarh and others WjtPetiHon N0^5243 of2005 Petitioner Ku. Victoriya Tirkey Respondents Versus Stete of Chhattisgarh and others Writ Pefflion No. 5245 of 2005 Petitioner Respondente Athanas Kujur Versus State of Chhattlsgarh and others Writ Petition No. 5252 of 2005 Petitioner Suresh Chandra IVIahapafra Respondents Versus State of Chhattisgarh and others Writ Petition No. 5253 of 2005 Petitioner Jermarius Kujur Respondents Versus State of Chhattisgarh and others Writ Petition No. 5254 of 2005 Petitioner Vinay Kumar Gupta Respondents Versus State of Chhattisgarh and others 55 @ Writ Petition No. 5255 of 2005 Petitioner Oevnandan Prasad Respondents Versus Stete of Chhattisgarh and others Writ Petition No. 5256 of 2005 Petitioner Smt. Jasinta Ekka Respondents Versus State ofChhattisgarh and others Writ Petition No. 5257 of 2005 Petitioner FeJisita Beck Rsspondents Versus State ofChhattisgarh and others Writ Petition No. 5258 of 2005 Petitioner Ram Pratap Tiwari Respondents Versus State of Chhattisgarh and others Writ Petition No. 5259 of 2005 Petitioner Athnas Bara Respondents Versus State ofChhattisgarh and others Writ Petition No. 5303 of 2005 Petitioner William Lakara Respondents VCRUS State ofChhattisgarh and others Writ Petition No. 5304 of 2005 Petitionsr Amaldas Minz Respondents Vereus State ofChhatti^arh and others 56 WritPetition No. 5305 of 2005 Petitioner Elisius Kujur Respondents Vereus State ofChhattisgarh and others Writ Petition No. 5306 of 2005 Petitioner Devsharan Pandey Respondents Versus Stete of Chhatt'sgarh and others Writ Petition No. 5307 of 2005 Petitioner Amn Kujur Respondents Versus Stete of Chhafflsgarh and others Writ Petition No. 5308 of 2005 Petitioner Hiznus Toppo Respondents Versus Stete of Chhattisgarh and others Writ Petition No. 53W of 2005 PeUtioner Hiznus Kerketta Respondents Versus State ofChhattlsgarh and Qthers Writ Petition No. 5310 of 2005 Petitioner Mariyanus Ekka Respondents Versus State of Chhattisgarh and others Writ Petition No. 5311 of 2005 Petitioner Gregori Tigga Respondents Versus State of Chhattisgarh and others 57 ^l Writ Petition No. 5312 of 2005 Petitioner Respondents Versus Birsu Singh Thakur State of Chhattisgarh and others Writ Petition No. 5313 of 2005 Petitioner Rajkumar Prasad Mishra Respondents Versus State of Chhattisgarh and others Writ Petition No. 5314 of 2005 Petitioner Smt. Jyoti Kerketta Respondents Versus State of Chhattisgarh and others Writ Petition No. 5430 of 2005 Petitioner Smt. Silmanti Tirkey Respondents Versus Stete of ChhatUsgarh and others Writ Petition No. 5446 of 2005 Petitioner Smt. Marry Ekka Respondents Versus State of Chhattisgarh and othere Writ Petition No. 5470 of 2005 Petitioner Bhaskar Dutta Thyari Respondente Versus State of Chhattisgarh and others WritPetitionNo.5531 of 2005 Petitioner Nestore Tirkey Respondents Versus State of Chhattisgarh and others 58 Writ Petition No. 5532 of 2005 Petitioner Theophil Kujur Respondents Versus State of Chhattisgarh and ofliers Writ Petition No. 5533 of 2005 Petitioner Respondents Versus Ku. Sushita Dungdung State of ChhatUsgarh and others Writ^etition No. 5534 of 2005 Petitioner Clara Toppo Versus Respondents State of Chhattisgarh and others Writ Petition No. 5535 of 2005 Pefflioner Respondents Byatore Kujur Versus Stats of Chhattisgarh and others Writ Petition No. 5536 of 2005 Petitioner Agustus Lakara Respondents Versus State of Chhattisgarh and others Writ Petition No. 5537 of 2005 Petitioner Respondsnts Versus Ku. Prafulla Kujur State of Chhattisgarh and others Writ Petition No. 5538 of 2005 Petitioner Kheetu Ram Panda Respondents Versus State of Chhattisgarh and others 59 Writ Petitfon No. 5542 of 2005 Petitioner Bihari Lal Rathia Respondents Versus State of Chhattisgarh and others Writ Petition No. 5560 of 2005 Petitioner Respondents William Toppo Versus Stete of Chhattisgarh antf others Writ Petition No. 5561 of 2005 Petitioner Patrik Bakhala Respondents Versus State of Chhattisgarh and others Writ Petition No. 5582 of 2005 Petitioner Yogal Kumar Tirkey Respondents Versus Stetfe of Chhattisgarh and others Writ Petition No. 5583 of 2005 Petitioner Vijay Ekka Versus Respondents State of Chhattisgarh and others Wr'rt Petition No. 5584 of 2005 Petitioner Michail Ekka Versus Respondents State of Chhattisgarh and others WritPetition No. 5585 of2005 Petitioner Philmon Lakara Respondente Versus State of Chhattisgarh and others 60 Writ Petition No. 5586 of 2005 Petitioner RudoffEkka Versus Respondents State of Chhattisgarh and others Writ Petition No. 5587 of 2005 Petitioner Jerom Lakara Respondents Versus State of Chhattisgarh and others Writ Petition No. 5588 of 2005 Petitioner Agustus Ekka Respondents Versus State of Chhattisgarh and othsrs Writ Petition No. 5589 of 20)5 Petitioner Clement Tirkey Respondents Versus State of Chhattisgarh and others Writ Petition No. 5590 of 2005 Petitioner Ku. Matinda Lakara Respondents Versus State of ChhatUsgarh and others Writ Petition No. 5606 of 2005 Petitioner Habil Ekka Versus Respondents State ofChhattisgarh and others Writ Petition No. 5607 of 2005 Petitioner Seraphim Kerketta Responderrts Versus State of Chhattisgarh and others 61 u Writ Petition No. 5608 of 2005 Petitioner Rengsa Indnar Respondents Versus State of Chhattisgarh and bthers Writ Petition No. 5609 of 20)5 Petitioner Theophil Kujur Respondents Versus State of Chhattisgarh and others Writ Petition No. 5610 of 2005 Petitioner Ruben Kujur Respondents Versus State of Chhattisgarh and others Writ Petition No.5611 of 2005 Petitioner Bhushan Xalxo Respondente Versus State ofChhattisgarh and others Writ Petition No. 5614 of 2005 Petitioner Respondents Versus Jyoti Prakash Tirkey State of ChhatUsgarh and ottiers Writ Petitjon No.^15of2005 Petitioner Ishak Tirkey Respondents Versus Slate of Chhattisgarh and others Writ Petition No. 5619 of 2005 Petitioner Fabianus Beck Respondents Vereus State of Chhattisgarh and ottiers 62 i^i Writ Petition No. 5620 of 2005 Petitioner Praveen Ku. Singh Rsspondents Versus State of Chhattlsgarh and olhers Writ Petition No. 5621 of 2005 Petitioner Anil Ku. Gupta Respondents Versus Stats of ChhatUsgarh and others Writ Petition No. 5622 of 2005 Petitioner Pascal Xess Respondents Vereus State of Chhattisgarh and others Writ Petition No. 5623 of 20)5 Petitioner Ajit Praful Minz Respondents Versus State of ChhatBsgarh and others Writ Petition No. 5624 of 2005 Petitioner Hermanus Baxala Respondents Versus State of Chhattisgarh and others Writ Petition No. 5625 of 2005 Petitioner Alois Walsoni Minz Respondente Versus State of ChhatNsgarh and others Writ Petition No. 5626 of 2005 Petitioner Clement Lakara Respondents Versus State of Chhattisgarh and others • 63 1S. Writ Petition No. 5627 of 2TO5 Petitioners Respondents Versus Baldau Prasad SwamkarS others State of Chhattisgarh and others Writ Petition No. X28 of 2005 Petitioner Basant Kumar Chandrakar Respondente Versus State of Chhattisgarh and others Writ Petition No. 5629 of 2005 Petitioner Ctetus Tirkey Respondents Versus State of Chhattisgarh and others WMPeWon No. 5630 of 2005 Petitioner Telesfore Kujur Respondents Versus State of Chhatttsgarh and others Writ Petition No. 5644 of 2005 Petitioner Respondents Versus Smt. Jois Larensh Singh State of Chhattisgarh and others Writ PeUtion No. 5687 of 20Q5 Petitioner Smt. Api Kujur Respondente Versus State of ChhaUsgarh and others Writ Petition No. 5688 of 2005 Petitioner Smt. Regina Kujur Respondents Versus State of Chhattlsgarh and others 64 Writ Petifon No. 5689 of2TO5 Petitioner Respondents Ashok Ku. Tigga Versus . Stete of ChhaUsgarh and others Writ Pefflion No. 5690 of 2005 Petitioner Respondsnts Benjamin Lakra Versus Stete of Chhattisgarh and others Writ Petition No. 5691 of 2)05 Petitioner Respondente Versus Smt. Jasinta Kerketta State ofChhattisgarh and others Writ Petition No.5592 of 2005 Petitioner Wfillfam Tirkey Respondents Versus State of Chhattisgarh and others WritPetitionNo.5693 of 20)5 Petitioner Respondsnts Gregori Ekka Versus State of Chhattisgarh and others Writ Petition No. 94 of2QQ5 Petitioner Respondente Vinsent Lakra Versus State of Chhatt'sgarh and ottiers Writ Petition No.5695 of 2005 Petitioner Johan Beck Versus Respondente State of Chhattisgarh and others 65 Writ Petition No.5696 of 2005 Petitioner Libnus Xaxa Versus Respondents State ofChhattisgarh and others Writ Petition No.5697 of 2005 Petitioner Philip Tirkey Versus Respondents State of Chhattisgarh and others Writ Petition No.5698 of 2005 Petitioner Clril Xabeo Versus Respondente State ofChhattisgarh and others WritPetiUonNo.5699 of 2005 Petitioner Michaet Beck Respondents Versus State of Chhattisgarh and others WritPetitionNo.5700 of 2005 Petitioner Remis Bara Versus Respondents State of Chhattisgarh and others WntPetitionNo.5%1of 2005 Petitioner Smt. Lucia Tirkey Respondents Versus State of Chhattisgarh and others Writ Petition No .5702 of 2005 Petitioner Ku. Dorothia Kerketta Respondente Vereus State of Chhattisgarh and oUiers WritPetitionNo.5703 of2(X)5 Petitioner Smt. Jyoti Lakra Respondents Versus State of Chhattisgarh and dthers WritPetitionNo.5704 of 2005 Petitioner Respondents Pascat Xalxo Versus State of Chhattisgarh and others Writ Petition No .5705 of2005 Petitioner Albinus Kerketta Respondente Versus State of Chhattisgarh and others WritPetitionNo.5706 of 2005 Petitioner Ku. Susanna Toppo Respondents Versus State of Chhattisgarh and others WriLPetition No.5707 of 2005 Petitioner Ku. Dayawanit Minj Respondents Versus State of Chhattisgarh and others Writ Pefition No.5708 of 2W5 Peh'tioner Pushpa Xaxa Respondents Versus State of Chhattisgarh and others Writ Petition No.5709 of 2005 Petitioner Smt. Selsa Minj Respondents Versus State of ChhatUsgarh and others 67 Wnt Petition No.5710 of 20)5 Petitioner Respondents Versus Smt. Sophia Kispotta State of Chhattisgarh and others Writ Petition No.5711 oL2ffl35 Pefitioner Respondents Smt. Jyoti Tigga Versus Stete of Chhattisgarh and others WritPetitionNo.5719 of 2005 Petitioner Lucas Toppo Respondente Versus Sterte of ChhatUsgarh and others WritPetitionNo.5807 of 2005 Petitioner Jai Kumar Lakara Respondente Versus State of ChhatBsgarh and others Writ Pelffion No.5997 of 2005 Petitioners Respondents Versus Dhirendra Kumar Mishra and others State of Chhattisgarh and oUiers V jt^8LoiLyoA@9@^Qf2ff Petitioners Respondente Versus Ku. Gress Mariyam Tirkey and others State of Chhattisgarh and others WntPefitio(iNo,6034_ot2QQ5 Petitioner Respondents Ghanshyam Gupta Versus Stete of Chhattisgarh and others . 68 Writ Petition No.6035 of20Q5 Petitioner Linus Toppo Respondents Versus State of Chhattisgarh and others Writ Petition No.6036 of 20Q5 Petitioner Lalit Kumar Lakra Respondente Versus State ofChhattisgarh and others Writ Petition No.6037 of 2005 Petitioner Heliarus Khakha Respondents Versus State of Chhattisgarh and others Writ Petition No.6038 of 20)5 Petitioner Bardan Toppo Respondents Versus Stete of Chhattisgarh and others Writ Petition No.6039 of 2005 Petitioner Respondents Yashpal Kujur Versus State of Chhattlsgarh and others WritPetitionNo.WW of 2005 Petitioner Respondents Nashrit Tigga Versus State of Chhattisgarh and others Writ Petition No.6041 of 2005 Petitioner lliyazar Toppo Respondents Versus State of Chhattisgarh and others 1 69 Writ Pefflion No.6042 Petitioner Vijay Kumar Singh Respondents Versus Stats of Chhattisgarh and others Writ Petition No.6043 of 20)5 Petitioner Respondsnts Versus Smt. Pushpa Xalxo State of Chhattisgarh and others WTitPetitionNo.6086 of 2005 Petitioners Respondents Versus Gayanand Prasad Pandey and others State of Chhattisgarh and others WritPetitionNo.6281 of 2005 Petitionere R.S. Rai and othera Respondents Vereus State of Chhattisgarh and others WritPetitionNo.6282 of 2005 Petitioners RamanandSoni and others Respondents Versus State of Chhattisgarh and others WritPetition No.6334 of 2006 Petitioner Jagdatt Prasad Sharma Respondsnts Versus Stete of Chhattisgarh and others Writ Petitfon No.6336 of 2006 Petitioner Shambhu Dayal Sahu Respondents Versus Stats of Chhattisgarh and others 70 Writ Petttjon No.6335 of 2006 Petitioner Dashrath Lal Yadav Respondents Versus State of Chhattisgarh and others WritPetitionNo.3988 of 2005 Petitioners Respondents Versus Ram Kumar Kesharwani and others State of Chhattisgarti and others WritPetitionNo.3864 of 20)5 Petitioner Lambodar Pod Respondents Vereus State ofChhattisgarh and others WAPeWonJio^SQ&ofZTOe Petitioners Johnson Peter and others Respondente Versus State of Chhattisgarh and others Writ PeCTon No.2651 of 2006 Petitioners B.D. Dwivedi and others Respondents Versus State of Chhattisgarh and othere Writ Petition No.5481 of 2005 Pefflioners Haldhar Pradhan and others Respondents Versus State of Chhattisgarh and others Present : Mr. Sanjay K. Agrawal, Mr. Ashish Shrivastava, Mr. Manoj Paranjps, lUIrs. Fouzia Mirza, Mr. Arun Kumar Shukla, Mr. Sanjay Ram Tamrakar, Mr. Rewa Shanter 71 Patel, Mr. Ramakant Pandey, Mr. Ramakant Mishra, Mr. Neelkanth Matviya, Mr. Anoop Majumdar, Mr. Anurag Dayat Shrivastava, Mr. V.K.Pandey, Mr. Y.C.Sharma, Mr. Anupam Dubey, Mr. Shailendra Shukla, Ws. Sunita Jain, Mr. Saurabh Sharma, Mr. Saurabh Sahani, Mr. Sachin Singh Rajput, Mr. A.K.Yadav, Mr. Raghvendra Pradhan and Mr. S.S.Mishra, counsel for the petifioners. Mr. V.V.S.Moorthy, Deputy Advocate General with Mrs. Anju Ahuja, Deputy Government Advocate for the State of Chhattisgarh/respondents. Mr. Yashwant Tiwari, Mr. Amiyakant Tiwari, Mr. Vinay Pandey, Mr. Arvind Dubey, Mr. D.N.Prajapati, Mr. Awadh Tripathi, Mr. Sunil Sahu, Mr. Pradeep Saxena, Mr. Sankalp Jayaswal, Mr. N.L.Soni, Mr. Sunit Tripathi and Mr. B.D.Guru, counsel for the other respondents. ORDER (Passed on CH- Day of Febmary, 2007) The question of law involved in this batch of writ petitions is as to whether the teachere working in Government aided schools are entitled to the benefit of recommendations of Vth Pay Commission under the provisions of the Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke Vetano Ka 'the Adhiniyam, 1978') and the Sandaya) Adhmiyam, 1978 (henceforth rutes made thereunder read with the Madhya Pradesh Revision of Pay 'the Pay Rules, 1998'). The facts involved in Rules, 1998 (henceforth the petitions are common. Thus, all the petitions are being considered and disposed ofby a common order.

2. The facts, in nutshell, are that the petitioners are teachere working in Govemment aided schoots under the provisions of the Adhiniyam, 1878. The Govemor of the undivided Madhya Pradesh, 72 & while exercising powere conferred by the Prowso to Article 309 of the Constitution of India, made the Pay Rules, 1998. Rule 9 of the Pay Rules, 1998 provides for payment of revised pay-scale with effect from 1-1-1996. Other provisions of the Pay Rules, 1998 provides for exercising of option and distribution of arrears ete, Rule 14 of the Pay Rules, 1998 provides for power to relax to the extent that the State Government may relax or suspend the operation of any of provisions of these rules in the case of Government Servants or category of Government servants in such manner and to such extent as may appear to be just and equitable or necessary or expedient in the pubfic interest. It was further provided that such relaxation or suspension shall not operate to the disadvantage of the Govemment Servant or categories ofGovernment servants, as the case may be.

3. The State Government of Chhattisgarh, in exercise of the powers conferred by Section 79 ofthe Madhya Pradesh Reorganisation Act, 2000 (No.28 of 2000), passed the Adaptation of Laws Order, 2002 'the Order, 2002'). The Order. 2002 came into force with (henceforth effect from 1-11-2000 to the extent that the laws, as amended from time to time, specified in the Schedule to the Order, 2002, which was in force in the State of Madhya Pradesh immediately before the formation of the State of Chhattisgarh, were adapted by the State of Chhattisgarh until repealed or amended, subject to the modification that in the la^vs for the words "Madhya Pradesh", wherever they occur the word "Chhattisgarh" shall be substituted. The Adhiniyam, 1978, the Pay Rules, 1998, the Regulation of Board of Secondary Education M.P. Madhyamic Shiksha Niyam, 1966 adapted, is, without modification/amendment. 73

4. Mr. Sanjay K. Agrawal, Mr. Ashish Shrivastava, Mr. Manoj Paranjpe, Mrs. Fouzia Miiza, Mr. Arun Kumar Shukla, Mr. Sanjay Ram Tamrakar, Mr. Rewa Shankar Patel, MF. Ramakant Pandey, Mr. Ramakant Mishra, Mr. Neelkanth Malviya, Mr. Anoop Majumdar, Mr. Anurag Dayal Shrivastava, Mr. V.K.Pandey, Mr. Y.C.Sharma, Mr. Anupam Dubey, Mr. Shailendra Shukla, Ms. Sunita Jain, IVIr. Saurabh Sharma, Mr. Saurabh Sahani, Mr. Sachin Singh Rajput, Mr. A.K.Yadav, Mr. Raghvendra Pradhan and Mr. S.S.Mishra, tearned s^unsel appearing for the petitioners, would make common submissions as under:- (i) Non-grant of benefit of recommendations of Vth Pay Commission at par w'th teachers working in Government schools is contrary to the provisions the Adhiniyam, 1978, which provides for regulation of payment of salaries to teachers and other employees of Non-Government schools receiving grants-in-aid from the State Govemment, and Regulation 73 of the Board of Secondary Education, Madhya Pradesh Regulations, 1965. (ii) Refusal of grant of benefit of recommendations of Vth Pay Commission with effect from 1-1-1996 is arbitrary, discriminatory and violative of Articles 14,16,21 and 39(d) ofthe Constitution of India as the teachers working in the Non-Govemment schools receiving full grants-in-aid are not treated 74 at par with teachers working in the Government schools. (iii) Granting revision of pay-scate on the basis of the recommendations of Vth Pay Commission vnth effect from 1-10-2006 vide circutar dated 28-11- 2006 (P-2) is violative of Rule 9 of the Pay Rules,

5. Per contra, Mr. V.V.S.Moorthy, learned Oeputy Advocate Genera! with IVIrs. Anju Ahuja, leamed Deputy Government Advocate, appearing for the State of Chhattisgarh/respondents, would submit that these writ petitions be dismissed on the ground ofdelay and laches,as the recommendations of Vth Pay Commission were made effective wfth effect from 1-1-1996 by making the Pay Rules, 1998. The pefflioners have preferred these petitions after a period of 10 years from the date cause of actlon arose. The counsel would further contend that the petitioners, being not employees of the Government, are not entitled to similar benefit as granted to the Government teachers. The claim of the petitioners was already rejected by the erstwhile State of Madhya Pradesh vide order dated 4-7-2CUO (R-1/1). Thus, the petitioners are bound by the said order. It was next contended that the Adhiniyam, 1978 has been amended vide notification dated 22-8-20X) (R-1/2), wherein definition of "granf, "teacher", "salary" given to the Non- Govemment schools receiving aid from the Government have been amended and as per new definitions, the petitioners are not entitted to 75 revised pay-scale as per the recommendations of Vth Pay Commission witheffectfrom 1-1-1996.

6. I have heard leamed counsel appearing for the parties and pemsed the pteadings, documente appended thereto.

7. The Adhiniyams, Rules and Regulations (supra) were framsd to grant beneffl to teachers and other employees of ttie Non- Govemment schools receiving grante-in-aid from the Government before bifureation of State of Madhya Pradesh. Pursuant to the Madhya Pradesh Reorganisation Act, 2000, the same were adapted by the State of Chhattisgarh under the Order, 2002. The High Court of Madhya Pradesh, while considering the same issue in V.V.Ashthsna and others vs. Stete of Madhya Pradesh and offiers (Writ Petition No.2029 of 2000) and /nrfo/e Reglon Shikshak Kannachan' Sangh and another vs. State of Madhya Pradesh snd otfiers (Writ Petition No.1841 of 2001) and several others, held that the teachers of the Non- Government institutions are entitled for si'milar pay-scale, dearness allowance, house rent allowance, as paid to the corresponding category of teachers in Government institutions with effect from 1-1-1996. A DMsion Bench of the High Court of Madhya Pradesh, in L.P.A. No.48 of 2003, dismissed the appeal against the order dated 29-1-20)3 passed in V.V.Ashthana and others vs. State ofMadhya Pradesh and others (supra).

8. In order to appreciate the question of law involved herein, it is necessary to quote certain retevant provisions of taw. 76 \"% Clause (d) of sub-section (2) of Section 28 of the Madhya Pradesh/Chhattisgarti Madhyamik Shiksha Adhiniyam, l^ (henceforth 'the Shiksha Adhiniyam, 1965').reads as under:- "28. Power of Board to make regulations. (1) In partteutar and without prejudice to the (2) generality of the foregoing power, the Board may make regulations providing for atf or any of the following matters, namely: (a) (b) (c) (d) XX}00( recognition of the conditions of institutions for purposes of admission to the privileges of the Board, qualification and condition of service of teachers and framing of a School Code to ensure a minimum standard of efficient and uniform management ofsuchinstitutions."

9. Regufatton 73 of the Board of Secondary Education, 'the Regulations, Madhya Pradesh RegulaUons, 1965 (hencefortti 1965') reads as under:- "?"73. The scales of pay of the stafF, institutions which are in receipt of educational Government grant, shall not be less than those }. 77 sanctioned corresponding Government institution. In the case of educational institutions which are not aided, there shall be a scate of pay, the minimum of which shall not be less than that in Government educational institutions." The relevant provisions of the Adhiniyam, 1978 read as

10. under:- "An Act to make provision for regulating payment of salaries to teachers and other employees of Non-Govemment Schools receiving grant-in-aid from the State Government and Non- Govemment Educational Institutions for Higher Education receiving grants from the Madhya Pradesh Uchcha Shiksha Anudan Ayog and other maters ancillary thereto." "2. Definitions. - !n this Act, untess the context oiherwise requires, - (a) (b) (c) (d) "Employee" means an employee of institution other than a teacher in respect of 1 whose employment maintenance grant paid by the State Government or the Ayog, as the case may be, to the institution and shown on the pay rol! of against a post as being in the employment the institution 78 as such &ut does not include an employes whose appointment ctause (c) ofsection 6; is disapproved under (e) "Institution" * a non-Govemment School or non-Government Educational Institution for higher education for the time being receiving maintenance grant from the State Government or from the Madhya Pradesh Uchcha Shiksha Anudan Ayog, as the case may be, established, administered and managed by a society registered or deemed to be registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 ff^o.44 of 1973) but does not include an institution established, administered and managedby- (i) fli) (iii) (iv) th& Centra! GovernmenS; or the State Govemment; or a tocal authority; or agency managed, confrolled, approved sponsored th® Central Government Government, the State the State Government may, notificaft'on, speciiy; (v) a non-trading corporation formed and registered under the Madhya Pradesh Non- Trading Corporation Act, 1962 (No.20 of 1^2) or deemed to registsred thereunder; ® xxxxx 79 (g) (h) (1) 'Teacher" means a teacher of an institution employment respeet maintenance grant is paid by the State Government or the Ayog, as the case may be, to the institutions and includes any teacher employed, with the prior approval of the authority specified by the State Government belialf, fulfidment conditions recognition/affiliation of an institution or of a new subject or a higher class or a new section in the existing class by the Madhya Pradesh Board of Secondary Education or any University or the Ayog, as the case may be, and shown on fte pay roll of the institution against a post as being in the employment as such but does not include a teacher whose appointment is disapproved under ciause (c) of section 6; (i) "Salary" means the pay and dearness allowance for the time being payable to a teacher or an employee at the rate approved for the purpose of payment of maintenance grant;"

11. The retevant provisions of the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon Ke Vetano 'the Ka Sandaya) Sanshodhan Adhiniyam, 2000 ffienceforth Sanshodhan Adhiniyam, 2000') read as under:- 80 "4. (9 (ii) In Section 2 of the Principal Act, - for ctause (f), the followjng clause shall be substituted, namely:- "(f) 'grant' means a grant gwsn to the insffluUon as may be fixed by the State Government from time to time."; (ii0 for clauss @, the following clause shall be substituted.namety:- "(O 'Teacher' means a teacher of an institution employed in fulfillment of conditions recognition/afRliation of an insfflution or of a new subject or a higher class or a new section in the existing class by ths Madhya Pradesh Board of Secondary Education Univereity or the Ayog, as the case may be, and shown on the pay roll of the institution against a post as bsing in the employment as such but does include a teacher whose appointment clause (c) ofSection 6."; is disapproved under for clause Q), the follow'ng clause shall be substituted, namely:- "@ 'salary' means Uie salary and other allowances payable to a teacher or 81 an employee at the rate as may be notiffed bythe institution." The relevant provisions of the Pay Rutes, 1998 read as

12. under:- "4. Revised scale of Pay. - From the date of commencement of these rutes, the scale of pay of every post carrying sxisting sca:e of pay shall be as specified in the corresponding entry in cotumn (4) of She Schedule 1 or Scheduie II, as the case may be." "9. Fixation of pay in the revised scale of day of January 1996. - pay subsequent to 1 (1) Where a Government Servant continues to draw his pay in the existing scate of pay and is brought over to the revised scate of pay from a January 1986 his pay from date later than the 1 the !ater date in the revised scale of pay shall be fixed under Fundamental Rutes, with reference to his basic pay in the ewsting scale of pay. A Government Servant who has officiated January 1996 but was not (2) in a post prior to 1 January 1995 and who on holding that post on 1 subsequent appointment to that post draws pay in the rew'sed scale of pay shall be allowed the beneffl of the proviso to F.R. 22 to the extent it would have been admissibfe to him had he been holding that post on the 1st day of January 1996 and had elected ths revised scale of pay on that date." 82 "11. Payment of an-ears of pay. - The actual arrears of pay as a result of fixation of pay under these rules shall be payable in cash from 1 Januar/ 1998 (i.e. pay for tha month of January The entire 1998 payable in February 1998). amount of difference of emolumente payable on January 1006 or from the date the pay fixed on 1 of next increment or subsequent increments and the emolumente received in the existing pay till 31 December 1997 shall be kept in a separate account, the deteils of which shall be issued by the an interest equal State Government separately and on such amount to the interest payable to the General Provident Fund of Government Servant shall be paid. This amount shalt be deposited in the respective Provident Fund account of Government Servant on 31st December 2TO2: Provided reUremenfftermination/death Government Servants, the entire amount with interest due thereon at the time will be transferred to the fund account of such Govemment provident Servants: Provided further retirement/termination/death occurs 1 January 1996 and before pay fixation under this ru!e, and the final payment of Provident Fund has also been made, ttie arrears will be paid in cash."

13. The relevant provisions ofthe Revised Grant-in-Aid Rules, 1979readasunder:- 83 "4. Taking into account the requirement and to non-Government avaitability of (unds, grants under these rutes witl insUtutions which be gh/en, impart sound and secular grants will be subject to the conditions specified in these ru!es and also subject to farther conditions instruction. Such as may be specified by the State Government from to time-to-time." "33. (i) The scales of pay of the teachers including the Head of the Institution, and other employees of an educational institution whteh is in receipt of Govemment accordance with sanctioned corresponding categories employees Govemment educational institutions."

14. Hon'bte Mr. Justice R.C.Lahoti, fte then Chief Justice of !ndia, speaking on behaff of a seven Hon'ble Judges Bench of the Supreme Court of India in P.A.Inamdar and ottiers vs. State of Maharashtra andottiers , has elaborated importance ofeducafion in a civilized society as education is national wealth essenfel for the nation's progress and prosperity. The Hon'bte Supreme Court dsfined education in follovnng terms : - "Educatlon

81. "Education" according to Chambers DicSonary is "bringing up or training; ...strengthening of the powers of body or mind; culture". 84

82. In Advanced Law Lesdcon (P. Ramanatha Aiyar, 3rd Edn., 2005, Vol. 2) "education" defined in very wide terms. It is stated: "Education is the bringing up; developing training the process of powers capabilities of human beings. In ite broadest sense the word comprehends not merely the instmction received at school, or college but the whole course of training moral, intellectual and physical; limited to the ordinary instruction ofthe chitd in the pursuits of iiterature. !t also comprehends a proper attention to the moral and religious sentiments of is not child. And synonymous with 'teaming'." sometimes

83. tn So/e Trustee, Lok Shikshana Trust v. C!Tii the term "education" was held to mean (SCC p. 262,para5) "the systematic instruction, schooling or training given to the young in preparation for the work of life. It also connotes the whole course ofscholastic ...What insfruction which a person has recewed. education connotes ...is the process of training and developing the lcnowtedge, skill, mind and character of students by formal schooling."

84. In "India - Vision 2020" published by the it Is stated (at p. Planning Commission of India, 250): input both for "Education is an important growth of the society as well as for the individua!. input cancontribute Properiy planned educational to increase in the gross national products, culfairal towards richness, attitude technoiogy efficiency positive increase strengthens effectiveness of the governance. Education opens new horizons for an indiw'dual, provides new aspirations develops It competencies • develops commitment. Education generates in an individual a critical outlook on social and political realities and sharpens the ability to self-examination, self- new vatues. monitoring and self-criticism." society', term 'knowledge "The 'information societ/ and 'learning society' have now become famiiiar expressions in educational pariance, communicating emerging global trends with far- reaching implications for growth and development of any society. These are not to be seen as mere cfich6s or fads but words that are pregnant with unimaginabte potentialities. Snformation revolution, infoirnation knowledge technologies industries, constitute important dimensions of an information society and contribute effecUvely to the growth ofa knowledge society." {ibid., p.246) "Alvin TofRer (1980) has advanced the idea that power at the dawn of civilisation resided in the 'muscle'. Power then got associated with money and in the 20th century it shifted its focus to 'mind'. Thus the shift from physical power to wealth power is an evolution in the shifb'ng to mind power foundations of economy. This shift supports the observation of Francis Bacon who said 'knowledge is power'; stressing the same point and itself in his uphoiding the supremacy of mind power, characteristte expression, Winston Churchill said, 'the empires of the future shall be empires of the mind'. professed the emergence of society." (ibid., p. 247) corroborated Bacon the knowledge Thus, 86

85. Quadri, J. has well put it in his opinion in Pai Founctattoni: (SCC p. 635, para 287) a .cardinal "287. Education transforming a society into a ciwlised nation. It acceterates the progress of the country in every sphere of national activity. No section of citizens can be ignored or teft behind because it would hamper the progress of the country as a whole. tt is the duty of the State to do all it could, to educate every section of citizens who need a helping hand in marching ahead along with others."

86. According to Dr. Zakir Hussain, a great democratic statesman a credentials, secularist and an educah'onist, a true democracy is one where each and every citizen is involved in the democratic process and this end cannot be achieved untess we remove the prevailing large- scale ilh'teracy in our country. Unless universa! education is achieved which altows every cltizen to participate actively in the processes ofdemocracy, we can never claim to be a true democracy. Dr. Zakir Hussain sought to ensure ttiat the seeds of knowledge were germinated in the minds of as many citizens as possibte, w'rth a view to enabting them to perform {heir assigned roles on the stage [Dr. Zakir Hussain, as quoted by of democracy. the then Chief Justice of Justice A.M. Ahmadi, india12, SCC (J) at pp. 2-3.]

87. Under Articte 41 of the Constitution, right to education, amongst others, is obligated to be secured by the State by making effective provision therefor. Fundamental duties recognised by Article 51-A include, amongst others: Article 51-A(ft) to develop scientific temper, humanism and the spirit 87 of inquiry and reform; and Articte 51-A(0 to strive towards excellence in all spheres of indiwdual and collective activity so that the nation constantly higher levels endeavour achievement. None can be achieved or ensured except by means of education. It is well accepted by the thinkers, philosophers and academicians if JUSTICE, LIBERTf, EQUALtTY and FRATERNIT^, including social, economic and the golden goals set out in the politicar justice, preamble to the Constitution are to be achieved, the Indian polity has to be educated and educated with exceltence. Education is a national weafth which must be distributed equally and widety, as in the interest of creating an far as possible, to enable the country to rise egalitarian society, high and face global competition. "Tireless striving sfretching ite arms towards perfection" (to borrow the e^ression from Rabindranath Tagore) would successful unless strengthened education.

88. Education is: "...continual growth personality, steady development of character, and the qualitative improvement of !ife. A trained mind has the capacity to draw spiritual nourishment from every expsrience, be it defeat or victory, sorrow or joy. Education is training the mmdand not stuWng the brain." (See Etemal Values for A Changing Society, Vol. flt Education for Human Excelfence, pubtished by Bharatiya Vidya Bhavan, Bombay, at p. 19.) 'We want that educatlon by which character is formed, strength of mind is increased, the intellect 88 is expanded, and bywhich one can stand on ones own feet. ...The end of all education, alt training, should be man-making. The end and aim of all Sraining is to make the man grow. The training by whteh e current and expression of will are brought under controt and become fruitful is called education." (Swami Vivekanand as quoted ibid., at P. 20.)

89. Education, accepted as a usefttt activity, whether for charity or for profit, is an occupation. Nevertheless, it does not cease to be a service to society. And even though an occupation, it cannot be eqi-iated to a trade or a business."

15. In view of the several decisions of the Hon'ble Supreme Court of tndia in Unnt Krlshnsn. J.P. ancl others vs. State ofAndhra Pradesh and others , M.C.Mehta vs. Stafe of T.N. and ofhers3, Bandhua Mukti Morcha vs. Union of India and others, University of Deihi and anoffiar vs. Anand Vardhan Chandaf, State of W.B. and others vs. Nuruddin Mailick and others , Article 21A in Part III of the Constitution of India has been inserted by the Constitution (Eighty- sixth Amendment) Act, 2002 as under:- "21A. Right to education. - The State shalt provide free and computsory education to al! chitdren of the age of six to fourteen years in such manner as the State may, by !aw, determine." l^

16. !n consonance with the importance of education in a civiiised society, ths State legislature framed the Adhiniyam, 1978 to provide for regular payment of salaries to teachere and other emptoyees of Non-Government schoote receiving grant-in-aid from the State Government. It appears that the Government was not in position to have its own schools run and governed by the Govemment, thus, Non-Government schoote were provided cent percent grants-in-aid for mafdng regular payment to obtain objectives of quality education in schools as prescribed under Article 21A read with Arttetes 38 and 41 of She Constituffon of India. The salary defined in the Adhiniyam, 1978 provides for payment of pay and dearness allowance at the rate approved for the purpose of payment of maintenance grant till Sanshodhan Adhiniyam, 2000 came into force with effect from 22-8-

2000. Under the Sanshodhan Adhiniyam, 2000, salary was defined as the salary and other alfowances payable to a teacher or an employee at tte rate as may be notified by the institution. Under these rules, there is no mention of payment of salary at par with the teachers and other employees worfdng in Govemmentschoote.

17. The Madhya Pradesh Legistature, in order to facilitate rnore efficient supervision of the Board's work at divisional Isvel, specially the examinations conducted by the Board, enacted the Shiksha Adhiniyam, 1S65. Section 28 ofthe Shiksha Adhiniyam, 1965 provides fbr power of Board to make regulations. Clause (d) of sub- secSion (2) of Section 28 of the Shiteha Adhiniyam, 1^5 enables the Board to make regulations with regard to the conditions of recognift'on of institutions for purposes of admission to the prMleges of the Board, the quaHfication and condition of service of teachers and framing of a 90 School Code to ensure a minimum standard of efficient and uniform management of such institutions. In exereise of ite power under Clause (d) ofsub-section (2) ofSection 28 ofthe Shiksha Adhiniyam, 1965, the Board framed the Regulations, 1965, which obtained approva! of the State Govemment wde memo dated 8-12-1966. Regulation 73 of the Reguiations, 19S5, as quoted (supra), provides for scates of pay of She staff in educational institutions whteh are in receipt of Govemment grant. !t is specificaliy prescribe that the scales of pay shall not be less than ftose sanctioned for the corresponding staff in Government institution. In the case of educational institutions, which are not aided, there sha!) be a scale of pay, the minimum of which shall not be less than that in Govemment educational institutions. In the facts of the present case, alt the institutions (schools) are receiving grants-in-aid in 'Saiary' defined in the Adhiniyam, 1978 read with the Sanshodhan full. Adhiniyam, 2000 has to be read with Reguiation 73 of the Regulations,

1965. !S is ctear that the intention of the Government is to provide same scales of pay to the staff including teachers working in Non- Government schools receiving grant-in-aid at par with the staff including teachere working i"n Govemment schools.

18. The Wh Pay Commission made recommendations for revision of pay-scales of {eachers and others, v/hich were accepted by the Shen Govemment of Madhya Pradesh and was made payable with effect from 1-1-1996. All She Adhiniyams, Rules, Regutations, stated (supra), have besn adapted without modification by the Govemment of Chhattisgarh by the Order, 2002. ; 91

19. The then State of Madhya Pradesh, in exercise of powers conferred by the Proviso to Articte 309 of the Constitution of India, made the Pay Rules, 1998, whersunder, the revised pay was payabte with effect from 1-1-199S. The prow'sions ofthe Pay Rules, 1998 made certain exceptions for applicability of the Pay Rules, 1998 in respect of following categories ofGovernmentServants:- "(a) (b) (c) (d) (e) Pereons engaged on contract; Part-time and daily rated employees; Re-smptoyed pensioners; Pereons paid from contingency and work- charged employees; Persons paid on Univereity Grants Commission and Al! Sndia scales of Council for Technicat Education; ® Persons drawing pay in the A!l (fl) Ssrvices Scales; and Any other Class or Category of persons as the Governor may, by order, specificalty specify in this behalf."

20. Rutes 3(b) of the Pay Rules, 1998 deflnes "basic-pay", which means pay as defined in Rute 9 (21)(a)(i) of the Madhya Pradesh/Chhattisgarh Fundamental Rutes. Rule 4 of the Pay Rules, 1998 provides for payment of revised pay-scales as per Cotumn (4) of the Schedule t or Schedule II, as ths case may be. Rule 6 of {he Pay Rufes, 1998 provides for exereise of option in accordance with the procedure laid down in Rule 11. Rule 7 of the Pay Rules, 19QS provides for flxation of initiat pay in the revised scale of pay. Rute 8 of the Pay Rules, 1998 provides for date of nextincrement in the revised 92 scate of pay. Rule 9 ofthe Pay Rules, 1998 prescrtbes for fixaUon of pay in the revised scale of pay subsequent to 1 day of January, 1996. Rule 11 of the Pay Rules, 1998 prescribes for paymentof arrears of pay. It was prescribed that the actual arreare of pay as a result of fixation of pay under the Pay Rulss, 1998 shall be payable in cash from 1-1-1^8 (j.e. pay for the month of January 1^8 payabte in February 1998). !t was further prescribed that the entire amount of difference of emoluments payabte on the pay fixed on 1-1-1M6 or from the date of next increment or subsequent incremente and the emoluments rsceived in the existing pay till 31-12-1997 shall be kept in a separate account, the details of which shall be issued by the State Government separately and on such amount an interest equal to the interest payable to the General Provident Fund of Govemment Servant shall be paid. Thfs amount shall be deposited in She respective Provident Fund account of the Govsrnment Sen/ant on 31-12-2002. The Proviso to Rute 11 of the Pay Rules, 1998 deals with cases of retirementfterminatiQn/death of Government Servante. Rule 14 of the Pay Rules, 1998 confers power on the State Government to retax or suspend the operation of any of the prowsions of the Pay Rutes, 1998 in the case of Govemment Servants or category of Govemment Servante in such manner and to such extent as may appear to be just and equitabie or necessary or expedient in the public interest. The Provisoto Rute 14 of the Pay Rules, 1998 makes it clear that such retaxation or suspension shall not operate to the disadvantage of the Government Servant or categories of Government Servants, as the case may be. In the present case, the Government has not exercised power as prescribed under Rule 14 of thePayRu!es,1998. ; 93

21. The present petitioners, employed in Non-Govemment schools receiving fu!l grants-in-aid, are entitted to the same pay-scales as payable to their counter-parte working in Government schoote as per Regulation 73 of the Regutations, 1965. The identical issue came for consideration before the High Court of Madhya Pradesh. The same prowsions ofthe Adhiniyams, Rules, Regulations (supra) are applicable in the facts of the present cases.

22. In the case of State of M.P. and another vs. Dr. P.K.Shrivastava and othars , a Division Bench of the High Court of Madh^ Pradesh, while dea!ing witti the grant of benefit of revised pay- scales to the teachers of the college of education, held that al! the teachers, including teachers of the college of education, are entitled to $he revised pay-scates.

23. The High Court of Madhya Pradssh in V.V.Ashthana and others vs. State of Madhya Pradesh and others (supra), Indore Reglon Shlkshak Ksnnacharf Sangh and anofher vs. Stete of Madhya Pradesh and others (supra) and in Dlnesh KumarAsati vs. State ofM.P. and others (Writ Petition (S.) No.13599 of 2004), he!d the teachers of the Non-Government institutions (schools) are entitled for the same pay-scales and deamess allowance as payabte to Sheir counter-parts in Govemment schools. The Division Bench of the High Court of Madhya Pradesh, in State of M.P. and others vs. V.V.Ashthana and others (Lettere Patent Appeal No.48 of 2003), upheld the decision ofthe Singte Judge as stated above and dismissed the appeal. A special leave petition was filed, which, after grant of 94 ^ leaye, was numbered as Civil Appeal No.6399 of 2004, is pending consideration in the Supreme Court.

24. The Supreme Court, in Haryana State Adhyw3k Sangh and offiers vs. State ofHaryana and others , hetd as under : - "3. ............... In our opinion, the teachers of aided schools must be paid the same pay scale allowance deamess teachers govemment schools for the entire period claimed by the petitionere, and that the expenditure on that account shouid be apporUoned between the State and the Management in the same proportion in the existing which they share the burden of emofumentsoftheteachers. .............."

25. The Supreme Court, in Haryana State Adhyapak Sangh and ottiers vs. State ofHaryana, with regard to mode of payment of arreare, observed as under:- "12. The the teachers scales of (i) government aided schools shall be revised so as to bring Uiem at par with the pay scales of teachers of govemment schools with effect from April 1, 1979 and the differential amount as a result of such revision in pay scales shatl be paid in four six monthly instalments, the first instalment being payable by June 30, 1990. (ii) schoote The teachers of the government aided dearness additional 95 allowance on tte basis of the revised pay scales with effect from April 1, 1979 to December 31, 1985 and the arrears of such additional deamess aflowance found payable as a result of such revision shall be paid along with ths last part of th® five instaiments of addrtiona! deamess allowance whteh is to be paid in September 1990. The parity in the pay scates and dearness (!i!) allowance of teachere employed in aided schoots and those employed in government schools shalt be maintained and with that end in view the pay scates ofteachers employed in govemment aided schcM?ls shall be revised and brought at par with the pay scalesand deamess allowance payabte to the teachers employed in government schools with effect from January 1,1986. As from April 1990 the teachers 1, employed in aided schoote shal! be paid the sams satary and deamess allowance as is paid to teachers employed in govemment schoote. The arrears of pay and deamess altowance (v) payabte as a result of such revisfon for the period from January 1, 1986 to March 31, 1990 shall be paid in four six monthly instalments, the firet such instalment being payable by June 30,1990."

26. The Supreme Court, in Stste ofHaryana and others vs. Rajpal Sharma and offiers , has approved (in para 6 at page 276) the ratio laid down in Haryana State Acthyspak Sangh and others vs. r 96

27. The Supreme Court, in Chandfgaslf Acfmlnistratton and others vs. Rajni VaU (Mrs.) and otiiers , while consid^ring entitlement of grante-in-aided private schoo.Is to the benefit of salary, observed as under:- "6. settled that The position has to be accepted as welt impartjng primary and secondary educatfon to studente is the bounden duty of the State Administration. It is a constitutional mandate that the State shall ensure proper education to the students on whom ttie future of the society depends. In line with ttiis principte, the State has enacted statutes and framed rules and r^ulations to control/regulate establishment and running of private schools at different Government private schools with a view to ensure smooth running of provldes grant-in-aid to levels. The State the institution and to ensure that the standard of teaching does not suffer on account of paucity of funds. St needs no emphasis that appointment of qualified and efRcient teachers is a sine qua non for maintaining high standards of teaching in any educational institution. Kesping in mind these and other relevant factors this Court in a number of cases has intervened for setting rfght any to teaching discriminatory treatment meted out and non-teaching staff of a particutar institution 6r instttutions. To nofce a few such a class of decisions on the point, we may refer to the case of Haryana State Mhyapak Sangh v. State of Haryana-i m whieh this Court issued a direction that the State Government will also take up with the management ofthe aided schoote the question of bringing about parity behveen the teachers of aided schools and the teachers of government 97 schools for the period foflowing that to which the thirty-five instalments relate, so that a claim for payment may be evolved after having regard to the different allowances claimed by the petitioners. In the case of Haryana State Adhyapak Saryh v. State of Haryana-2 a Bench of three learned Judges of this Court ctarifying the judgment Har/ana State Mhyapak Sangh v. State of Haryana issued a direction, parity in the pay scates and deamsss allowance of teachers employed in aided schoote and those inter alia, that the shal! schools government empioyed maintained and with that end in fufaire the pay teachers emptoyed in government scales of schools shall be revised and brought on a par with the aided schools and dearness allowance payable to the teachers employed in government schoois wifh effect from 1-1-1986."

28. Recently, a three Hon'ble Judges Bench, in State of Rajasthan and anoffier vs. S.R. Hr. Sec. School, Lachfimangarh and others , observed as under :- "23. While consideration, consfruing provision is to be borne in mind that interpretation of a welfare legislation should be to promote education. The service conditions of the employees of the aided institutions are sought to be improved and brought at par with those in institutions to maintain Govemment educational It has also to be borne in educational standards. mind that our Constitution makers have placed the field of education at a higher pedestal and granted Various provisions of the it a special status. Constitution deal with the aspect of advancement 98 of education. The primary education has been held to be a fundamental right in the decision of this Court in Umi Krishnan, J.P. & Ore. v. Stafe of Andhra P/acfesh (1993 (1) SCC 645) and this aspect still hotds the field despite the decision having been overruled on some other aspects in T.M.A. Pai FouncSaSon & Ors. v. State of Kamataka & Ors. (2002 (8) SCC 481). To improve education, various State Governments grant aid to educational institutions and, by and large, teachers of aided private schoots deserve to be treated at par with teachers of Govemment institutions to the extent possible. The provisions of these Acts deserve to be liberally interpreted in favour of the teaching class except where statute may compel otherwise. A statute of no other State has been brought to our notice where similar beneffl has been denied to the teachers of the aided institutions to improve education. The service conditions of the teachsrs also deserve to be improved."

29. The Government of Chhattisgarh, by circular dated 28-11 - 2006 (P-2), has decided to grant beneflt of ttse rew'sed pay-scales with effect from 1-10-2006. The date of payment ofthe revised pay-scales in the circular is contrary to the provlstons of the Pay Rutes, 1998. The Pay Rules, 1998 ctearty provide for grant of benefit of the revised pay- scales with effect from 1-1-1996. It trite Shat executwe instructions/circulars cannot supplant provisions of Rules, Acte, but supplement to fuifill the objective of the said Rules, Acts. 1 .1-\-. 99

30. The Supreme Court, in Comptroller & Audltor General of India and others vs. Mohan Lal Mehrotra and ottiers , held as under:- , "12. ...........The administrative orders cannot be issued in contravention of the statutory mtes but it could be issued to supplement the statutory rules. (See: the observations in Sant Ram Sharma v. Sfate of Rajasffiiaif). In fact similar circulars were issued the Railway Board infroducing reservations for Scheduted Castes and Scheduled Tribes in the Railway sennces both for selection and non-selection categories of poste. They were the policy of the Central issued to implement Government and they have been upheld by this Court in Akhi! Bharatiya Soshif Karamchari Sangh (Raiiway) v. Union oflndis^."

31. Thus, the petitioners are entitled to the revised pay-scates with effect from 1-1-1996 as prescribed under the Pay Rules, 1998, which are neither modified nor amended till date.

32. In view of the submission made by leamed counsel appearing for the respondents that there would be a substantial financial burden on the State Exchequer, is appropriate to give foltowing directions in regard to paymerit of arrears:- (i) The petitioners shalt be payable the revised pay-scales immediately with effect from 1- 10-2006 in accordance with the Pay Rules,

1998. 100 The difference of amount of payment with effect from 1-1-1996 till September, 2006, as a resuft of the reyised pay-scales, shall be payabte in ten six-monthfy instalments. (iii) Thesaid amount may be payable to the General ProvidenS Fund of the teacher concerned carr^ng interest equal to the interest payabte to the Generaf Provident Fund ofthe concemed teacher.

33. As a result, for She reasons stated hereinabove, the writ petitions are allowed. !n the facts and circumstances of the case, the partis^sha!! beartheirown costs.

34. A copy of Shis order be placed on the record of the connected writ petitions. Sd/- Satish K.Agnifaotri Judge 1 3 4 5 6 7 8 9 10 11 12 13