STATE OF M.P. & ORS. versus V.V. ASHTHANA & ORS.

STATE OF M.P. & ORS. versus V.V. ASHTHANA & ORS.

Teachers are directed to be paid the benefits of the 5th Pay Commission upto 31.3.2009, subject to the outcome of the Supreme Court judgment regarding the constitutionality of the Adhiniyams.

Parties
Petitioner: State of Madhya Pradesh & Ors.; Respondent: V.V. Ashthana & Ors.
Jurisdiction
India
Judgment Date
18 December 2008
Procedural Posture
Interlocutory Application in Special Leave Petition / Interim Order on Stay Application
Outcome
Application disposed of
Legal Topics
Grant in Aid, Pay Commission Benefits, Constitutionality of Statutes, Contempt Proceedings
Education Law Constitutional Law Labour Law Grant in Aid Pay Commission Benefits Constitutionality of Statutes Contempt Proceedings

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Parties

State of Madhya Pradesh & Ors.

Petitioner

V.V. Ashthana & Ors.

Respondent

Procedural Posture

Interlocutory Application in Special Leave Petition / Interim Order on Stay Application

Legal Issues

  1. 1 Whether teachers in private aided schools are entitled to benefits of revised pay scales as per the 5th Pay Commission
  2. 2 Whether the order granting such benefits can be issued in a contempt proceeding
  3. 3 Constitutional validity of MP (Amendment) Act 26 of 2000 reducing grant-in-aid

Ratio Decidendi

Teachers are directed to be paid the benefits of the 5th Pay Commission upto 31.3.2009, subject to the outcome of the Supreme Court judgment regarding the constitutionality of the Adhiniyams.

Court Disposition

Application disposed of

Orders

  • Teachers are to be paid 5th Pay Commission benefits upto 31.3.2009, subject to the Supreme Court's final judgment
  • Main matter on constitutionality to be heard together in April 2009