Madhya Pradesh High Court
Prakash Vaidh vs The State Of Madhya Pradesh on 1 March, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1 st OF MARCH, 2024
WRIT PETITION No. 10444 of 2020
BETWEEN:-
1. TRIBAL WELFARE TEACHERS ASSOCIATION
PRESIDENT D.K. SINGORE ANAND COLONY,
DEODARA (MADHYA PRADESH)
2. PARMANAND DEHARIYA S/O B.L.DEHARIYA,
AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
SHHIDIYA SEONI (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI ADITYA
VEER SINGH)
AND
1. STATE OF MP THR.PRINCIPAL SECRETARY
SCHOOL EDUCATION DEPARTMENT VALLABH
BHAWAN (MADHYA PRADESH)
2. PRINCIPAL SECRETARY TRIBAL DEVELOPMENT
D EPARTM EN T VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
3. PRINCIPAL SECRETARY FINANCE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
4. THE COMMISSIONER TRIBAL DEVELOPMENT
DISTT.BHOPAL (MADHYA PRADESH)
5. NATIONAL SECURITES DEPOSITORY LIMITED
THROUGH EXECUTIVE DIRECTOR TRADE
WORLD A - WING 4TH FLOOR KAMLA MILLS
COMPOUNDS LOWER PAREL (MAHARASHTRA)
6. PENSION FUNDS REGULATORY AND
DEVELOPMENT AUTHORITY THROUGH
EXECUTIVE DIRECTOR B-14/A CHATRAPATI
SHIVAJI BHAWAN QUTUB INSTITUTIONAL AREA
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
2
KATWARIA SARAI (DELHI)
.....RESPONDENTS
(BY SHRI AMIT MISHRA - PANEL LAWYER)
WRIT PETITION No. 1998 of 2021
BETWEEN:-
1. PRAKASH VAIDH S/O SHRI TILAK CHAND VAIDH,
AGED ABOUT 41 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT. PRIMARY
SCHOOL KOTRI BLOCK ANDNDASH; KIRNAPUR
DISTRICT ANDNDASH; BALAGHAT M.P. DISTT.
(MADHYA PRADESH)
2. RANJEET GANVIR S/O LATE VANWASH GANVIR,
AGED ABOUT 47 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
KOHKA BLOCK KIRNAPUR DISTT.BALAGHAT
(MADHYA PRADESH)
3. HEMAN LAL LILHARE S/O KISHAN LAL LILHARE,
AGED ABOUT 46 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.GILRS HIGHER
SECONDARY SCHOOL KIRNAPUR BLOCK
KIRNAPUR (MADHYA PRADESH)
4. ROOP LAL UIKEY S/O BHIV RAM UIKEY, AGED
ABOUT 50 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOL MAHAJAN
TOLA BLOCK KIRNAPUR (MADHYA PRADESH)
5. RAJESH KUMAR NAKPURE S/O PANNA LAL
NAKPURE, AGED ABOUT 48 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
SIKRA BLOCK KIRNAPUR (MADHYA PRADESH)
6. NARENDRA KUMAR PANDEY S/O KHEM RAJ
PANDEY, AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
RAN KAKODI BLOCK KIRNAPUR (MADHYA
PRADESH)
7. UMMED SINGH KODAPE S/O POL SINGH KODAPE,
AGED ABOUT 52 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
KINHI BLOCK KIRNAPUR (MADHYA PRADESH)
8. DEV RAJ MASHRAM S/O GEND LAL MASHRAM,
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
3
AGED ABOUT 42 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
CHANGERA BLOCK KIRNAPUR (MADHYA
PRADESH)
9. NARAYAN PRASAD MISHRA S/O LUKAI PRASAD
MISHRA, AGED ABOUT 57 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
KINHI BLOCK KIRNAPUR (MADHYA PRADESH)
10. SUNDER LAL SIRSAM S/O JEEVAN LAL SIRSAM,
AGED ABOUT 52 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.HIGH SCHOOL
BELGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
11. MANOJ KUMAR BRAMHE S/O MADAN LAL
BRAMHE, AGED ABOUT 46 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.MIDDLE SCHOOL
SALETEKA BLOCK KIRNAPUR (MADHYA
PRADESH)
12. MAN SINGH JATPELE S/O DHAN SINGH JATPELE,
AGED ABOUT 46 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.HIGHER
SECONDARY SCHOOL KINHI BLOCK KIRNAPUR
(MADHYA PRADESH)
13. BALI RAM SONWANE S/O SUKYA JI SONWANE,
AGED ABOUT 48 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
NAMBER TOLA BLOCK KIRNAPUR (MADHYA
PRADESH)
14. JHANKAR SINGH WADIWA S/O KANNU LAL, AGED
ABOUT 46 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOL BATAMA
BLOCK KIRNAPUR (MADHYA PRADESH)
15. NAMI CHAND PARIHAR S/O SITA RAM PARIHAR,
AGED ABOUT 55 YEARS, OCCUPATION: UCHCH
MADHYAMIK SHIKSHAK GOVT.EXCELLENCE
SCHOOL KIRNAPUR BLOCK KIRNAPUR (MADHYA
PRADESH)
16. SMT.BHUMESHWARI PARIHAR W/O NAMI
CHAND PARIHAR, AGED ABOUT 50 YEARS,
OCCUPATION: UCHCH MADHYAMIK SHIKSHAK
GOVT.HIGHER SECONDARY SCHOOL KUNDA
MOHGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
4
17. JEHRU SINGH SAIYYAM S/O GOVIND SINGH
SAIYYAM, AGED ABOUT 48 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
KINHI BLOCK KIRNAPUR (MADHYA PRADESH)
18. RADHESHYAM NAKPURE S/O MADHO LAL
NAKPURE, AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
SINGHODI BLOCK KIRNAPUR (MADHYA
PRADESH)
19. SHAILENDRA CHAUHAN S/O PRATAP SINGH
CHAUHAN, AGED ABOUT 43 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
KANERI BLOCK KIRNAPUR (MADHYA PRADESH)
20. SHAILENDRA BOPCHE S/O MOPKU LAL BOPCHE,
AGED ABOUT 46 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.GILRS HIGH
SCHOOL HIRRI BLOCK KIRNAPUR (MADHYA
PRADESH)
21. LAKHAN LAL RIYAYAT S/O OMKAR LAL
RINAYAT, AGED ABOUT 44 YEARS, OCCUPATION:
UCHCH MADHYAMIK SHIKSHAK
GOVT.EXCELLENCE HIGHER SECONDARY
SCHOOL BLOCK KIRNAPUR (MADHYA PRADESH)
22. LAXMI NARAYAN BASENA S/O NATTHE LAL
BASENA, AGED ABOUT 46 YEARS, OCCUPATION:
UCHCH MADHYAMIK SHIKSHAK
GOVT.EXCELLENCE HIGHER SECONDARY
SCHOOL BLOCK KIRNAPUR (MADHYA PRADESH)
23. RAM GEDAM S/O YADO RAO GEDAM, AGED
ABOUT 45 YEARS, OCCUPATION: MADHYAMIK
SHIKSHAK GOVT.EXCELLENCE HIGHER
SECONDARY SCHOOL BLOCK KIRNAPUR
(MADHYA PRADESH)
24. SURENDRA KUMAR CHITRIV S/O CHANDAN LAL
CHITRIV, AGED ABOUT 46 YEARS, OCCUPATION:
KHEL KUD SHIKSHAK GRADE B
GOVT.EXCELLENCE HIGHER SECONDARY
SCHOOL BLOCK KIRNAPUR (MADHYA PRADESH)
25. SIYA RAM PANCHE S/O RAMESHWAR PANCHE,
AGED ABOUT 43 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.EXCELLENCE
HIGHER SECONDARY SCHOOL BLOCK KIRNAPUR
(MADHYA PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
5
26. HARISH KUMAR DHUWARE S/O KUNWAR LAL
DHUWARE, AGED ABOUT 51 YEARS,
OCCUPATION: KHEL KUD SHIKSHAK GRADE B
GOVT.EXCELLENCE HIGHER SECONDARY
SCHOOL BLOCK KIRNAPUR (MADHYA PRADESH)
27. RAJENDRA SAHARE S/O LIMBAJI SAHARE, AGED
ABOUT 51 YEARS, OCCUPATION: KHEL KUD
SHIKSHAK GRADE B GOVT.EXCELLENCE HIGHER
SECONDARY SCHOOL KHAILANGI BLOCK
KHAIRLANGI (MADHYA PRADESH)
28. SMT.ASHMA KHAN W/O MAZHAR KHAN, AGED
ABOUT 52 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOL KATANGI
BLOCK KIRNAPUR (MADHYA PRADESH)
29. RAJA RAM THAKRE S/O PREM LAL THAKRE,
AGED ABOUT 48 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK (B.A.C.) JANPAD
SHIKSHA KENDRA LALBARRA BLOCK
LALBARRA (MADHYA PRADESH)
30. SMT.SARITA PADWAR W/O ANIL PADWAR, AGED
ABOUT 41 YEARS, OCCUPATION: MADHYAMIK
SHIKSHAK GOVT.GILRS HIGHER SECONDARY
SCHOOL KIRNAPUR BLOCK KIRNAPUR (MADHYA
PRADESH)
31. MAHESH BOPCHE S/O FAGAN LAL BOPCHE, AGED
ABOUT 51 YEARS, OCCUPATION: MADHYAMIK
SHIKSHAK GOVT.MIDDLE SCHOOL BADGAON
BLOCK KIRNAPUR (MADHYA PRADESH)
32. MANOJ MESHRAM S/O RATI RAM MESHRAM,
AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.MIDDLE SCHOOL
BADGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
33. SMT.MEENA MESHRAM W/O ANIL MESHRAM,
AGED ABOUT 43 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVY.BASIC MIDDLE
SCHOOL KIRNAPUR BLOCK KIRNAPUR (MADHYA
PRADESH)
34. MUNNA LAL BOPCHE S/O SHANKAR LAL BOPCHE,
AGED ABOUT 49 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.MIDDLE SCHOOL
MOHGAON KALA BLOCK KIRNAPUR (MADHYA
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
6
PRADESH)
35. SMT.SEEMA DONGRE W/O YOGESH DONGRE,
AGED ABOUT 45 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
JARAHI BLOCK KIRNAPUR (MADHYA PRADESH)
36. SMT.SINDHU BHAUTEKAR W/O ASHOK
BHAUTEKAR, AGED ABOUT 42 YEARS,
OCCUPATION: PRATHAMIK SHIKSHAK
GOVT.PRIMARY SCHOOL BORGAON BLOCK
KIRNAPUR (MADHYA PRADESH)
37. SUBE LAL UIKEY S/O KASHI RAM UIKEY, AGED
ABOUT 45 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOL SITAPAR
BLOCK KIRNAPUR (MADHYA PRADESH)
38. MUKESH RAMTEKE S/O NARAYAN RAMTEKE,
AGED ABOUT 49 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
SALHE BLOCK KIRNAPUR (MADHYA PRADESH)
39. SHIVCHARAN KHARE S/O KANHAR LAL KHARE,
AGED ABOUT 51 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.MIDDLE SCHOOL
BINORA BLOCK KIRNAPUR (MADHYA PRADESH)
40. CHITRASEN RAMTEKE S/O NARAYAN RAMTEKE,
AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
PANGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
41. SMT.SANTOSHI KODWATI W/O ATUL KODWATI,
AGED ABOUT 40 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
BORGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
42. BHAGWAT BHASKAR S/O GEND LAL BHASKAR,
AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
WARD BLOCK KIRNAPUR (MADHYA PRADESH)
43. RADHESHYAM DHEKWAR S/O MOTI RAM
DHEKWAR, AGED ABOUT 48 YEARS,
OCCUPATION: MADHYAMIK SHIKSHAK
GOVT.HIGH SCHOOL PANGAON BLOCK
KIRNAPUR (MADHYA PRADESH)
44. SMT.PUSHPA MESHRAM W/O MANOJ MESHRAM,
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
7
AGED ABOUT 48 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
B AM HAN GAON BLOCK KIRNAPUR (MADHYA
PRADESH)
45. DRAUPADI RAHANGDALE S/O LURENDRA
RAHANGDALE, AGED ABOUT 44 YEARS,
OCCUPATION: PRATHAMIK SHIKSHAK
GOVT.PRIMARY SCHOOL KATORI BLOCK
KIRNAPUR (MADHYA PRADESH)
46. AFROZ SULTANA KHAN W/O AZIM KHAN, AGED
ABOUT 48 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOL PANGAON
BLOCK KIRNAPUR (MADHYA PRADESH)
47. SMT.USHA GAJBHIYE W/O BHAJ LAL, AGED
ABOUT 46 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOLKANHAR
T O L A PAN GAON BLOCK KIRNAPUR (MADHYA
PRADESH)
48. RAVINDRA KHOBRAGADE S/O BALARAM
KHOBRAGADE, AGED ABOUT 52 YEARS,
OCCUPATION: PRATHAMIK SHIKSHAK
GOVT.MIDDLE SCHOOL BASIC KIRNAPUR BLOCK
KIRNAPUR (MADHYA PRADESH)
49. MANNU LAL BHALAVI S/O JAYAN LAL BHALAVI,
AGED ABOUT 52 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
BHUWA BLOCK KIRNAPUR (MADHYA PRADESH)
50. CHANDRESH KUMAR GOSWAMI S/O
K.N.GOSWAMI, AGED ABOUT 50 YEARS,
OCCUPATION: PRATHAMIK SHIKSHAK
GOVT.BASIC MIDDLE SCHOOL KIRNAPUR BLOCK
KIRNAPUR (MADHYA PRADESH)
51. RAJENDRA KUMAR MARSKOLE S/O MOHAN LAL
MARSKOLE, AGED ABOUT 43 YEARS,
OCCUPATION: PRATHAMIK SHIKSHAK
GOVT.MIDDLE SCHOOL SEONI KHURD BLOCK
KIRNAPUR (MADHYA PRADESH)
52. DEVENDRA PURI GOSWAMI S/O K.N.GOSWAMI,
AGED ABOUT 52 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.MIDDLE SCHOOL
BADGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
8
53. DAMYANTI DHURWAY W/O NARSINGH
DHURWAY, AGED ABOUT 47 YEARS,
OCCUPATION: PRATHAMIK SHIKSHAK
GOVT.PRIMARY SCHOOL PALA BLOCK
KIRNAPUR (MADHYA PRADESH)
54. UMESH KUMAR BHOOTE S/O CHANDAN LAL
BHOOTE, AGED ABOUT 48 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.HIGH SCHOOL
KIRRI BLOCK KIRNAPUR (MADHYA PRADESH)
55. KAMAL CHAND SONI S/O HARI CHAND SONI,
AGED ABOUT 47 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOV.TMIDDLE SCHOOL
BAMHANGAON BLOCK KIRNAPUR (MADHYA
PRADESH)
56. DILIP KUMAR SONI S/O SHIVCHAND SONI, AGED
ABOUT 51 YEARS, OCCUPATION: MADHYAMIK
SHIKSHAK GOVT.BASIC MIDDLE SCHOOL
KIRNAPUR BLOCK KIRNAPUR (MADHYA
PRADESH)
57. VIJAY KUMAR BOPCHE S/O MULCHAND BOPCHE,
AGED ABOUT 51 YEARS, OCCUPATION: KHEL KUD
SHIKSHAK GRADE B GOVT.GIRLS HIGHER
SECONDARY SCHOOL KIRNAPUR BLOCK
KIRNAPUR (MADHYA PRADESH)
58. SMT.KEMESHWARI DIYEWAR W/O CHHATRAPATI
DIYEWAR, AGED ABOUT 58 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.GIRLS HIGHER
SECONDARY SCHOOL KIRNAPUR BLOCK
KIRNAPUR (MADHYA PRADESH)
59. ANAND WASNIK S/O BHIMRAJ WASNIK, AGED
ABOUT 44 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.PRIMARY SCHOOL NANDORA
BLOCK KIRNAPUR (MADHYA PRADESH)
60. NET LAL DHAMDE S/O TILAK CHAND DHAMDE,
AGED ABOUT 47 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
DAHEDI BLOCK KIRNAPUR (MADHYA PRADESH)
61. SOHAN LAL BIRAGARE S/O DEVRAM BIRAGARE,
AGED ABOUT 42 YEARS, OCCUPATION:
MADHYAMIK SHIKSHAK GOVT.PRIMARY GIRLS
SCHOOL HIGHER SECONDARY SHOOL KIRNAPUR
BLOCK KIRNAPUR (MADHYA PRADESH)
62. KHEM LAL RAHANGDALE S/O BABU LAL
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
9
RAHANGDALE, AGED ABOUT 48 YEARS,
OCCUPATION: MADHYAMIK SHIKSHAK
GOVT.PRIMARY GIRLS SCHOOL HIGHER
SECONDARY SHOOL KIRNAPUR BLOCK
KIRNAPUR (MADHYA PRADESH)
63. VENSH KUMAR MATE S/O HEM RAJ MATE, AGED
ABOUT 47 YEARS, OCCUPATION: PRATHAMIK
SHIKSHAK GOVT.MIDDLE SCHOOL KARIYADAND
BLOCK KIRNAPUR (MADHYA PRADESH)
64. GANVEER SINGH KUMRE S/O GODHAN SINGH
KUMRE, AGED ABOUT 53 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SCHOOL
KARIYADAND BLOCK KIRNAPUR (MADHYA
PRADESH)
65. DEV RAM DHARNE S/O KOLHU RAM DHARNE,
AGED ABOUT 50 YEARS, OCCUPATION:
PRATHAMIK SHIKSHAK GOVT.PRIMARY SHOOL
DHOLIYATOLA BLOCK KIRNAPUR (MADHYA
PRADESH)
.....PETITIONERS
(NONE)
AND
1. THE STATE OF MADHYA PRADESH THR THE
PRINCIPLE SECRETARY EDUCATION
DEPARTMENT VALLABH BHAWAN BHOPAL
DISTT. (MADHYA PRADESH)
2. PRINCIPAL SECRETARY TRIBAL DEVELOPMENT
VALLABH BHAWAN BHOPAL (MP.) (MADHYA
PRADESH)
3. PRINCIPAL SECRETARY FINANCE DEPARTMENT
VALLABH BHAWAN BHOPAL (MP.) (MADHYA
PRADESH)
4. THE COMMISSIONER TRIBALDEVELOPMENT
DIST.BHOPAL (MADHYA PRADESH)
5. NATIONAL SECURITIES DEPOSITARY LIMITED
THROUGH EXECUTIVE DIRECTOR TRADE
WORLD A-WING 4 FLOOR KAMLA MILLS
COMPOUNDS LOWER PAREL MUMBAI
(MAHARASHTRA)
6. PENSION FUNDS REGULATORY AND
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
10
D E V E L O P M E N T THROUGH EXECUTIVE
D I R EC TO R AUTHORITY B-14/A CHATRAPATI
SHIVAJI BHAWAN QUTUB INSTITUTIONAL AREA
KATWARIA SARAL NEW DELHI (DELHI)
.....RESPONDENTS
(BY SHRI AMIT MISHRA - PANEL LAWYER)
WRIT PETITION No. 3407 of 2022
BETWEEN:-
1. PRAHLAD DEHARIYA S/O LATE PATANGILAL
DEHARIYA, AGED ABOUT 51 YEARS,
OCCUPATION: WORKING AS UPPER MIDDLE
TEACHER COMMERCE POSTED AT
GOVERNMENT HR. SEC SCHOOL DHANORA
BLOCK HARRAI DISTRICT CHHINDWARA R/O
VILLAGE DHANORA BLOCK HARRAI DISTRICT
CHHINDWARA M.P. (MADHYA PRADESH)
2. TEEKAM SHAH UEIKEY S/O LATE SHRI NEPAL
SHAH UEIKEY, AGED ABOUT 56 YEARS,
OCCUPATION: WORKING AS MADHYAMIK
SHIKSHAK POSTED AT GOVERNMENT MIDDLE
SCHOOL ANDOL SANKUL GOVT. HIGHER
SECONCARY SCHOOL DHANORA DISTRICT
CHHINDWARA VILLAGE KOTHIYA TAHSIL
HARRAI (MADHYA PRADESH)
3. AJAY PAL DEHARIYA S/O LATE SHRI LALTA
PRASAD DEHARIYA, AGED ABOUT 47 YEARS,
OCCUPATION: PRATHMIK SHIKSHAK POSTED AT
GOVT. PRIMARY SCHOOL KOTHIYA SANKUL
GOVT. HIGHER SECONDARY SCHOOL
DHANOURA DISTRICT CHHINDWARA VILLAGE
KHAGONIYA TAHSIL HARRAI (MADHYA
PRADESH)
4. KISHNU PRASAD NAWRETI (DEAD) THRUGH LRS.
SMT. CHAMPA NAWRETI W/O LATE SHRI KISHNU
PRASAD NAWRETI, AGED ABOUT 54 YEARS,
OCCUPATION: SAHAYAK ADHYAPK VILLAGE
SIGODI TAHSIL AMARWADA (MADHYA
PRADESH)
5. SURESH KUMAR DEHARIYA S/O SHRI BHADDU
LAL DEHARIYA, AGED ABOUT 46 YEARS,
OCCUPATION: PRATHMIK SHIKSHAK POSTED AT
GOVT. MIDDLE SCHOOL KHIRDA SANKUL GOVT.
HIGHER SECONCARY SCHOOL DHANOURA
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
11
DISTRICT CHHINDWARA VILLAGE ANDOL
TAHSIL HARRAI (MADHYA PRADESH)
6. BHIKHOO YAHAKE S/O SHRI DHABBU YAHAKE,
AGED ABOUT 49 YEARS, OCCUPATION:
PRATHMIK SHIKSHAK POSTED AT GOVT.
PRIMARY SCHOOL KHIRDA SANKUL GOVT.
HIGHER SECONDARY SCHOOL DHANOURA
VILLAGE KHIRDA TAHSIL HARRAI (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE ASSISTED BY SHRI
ADITYA VEER SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT MINISTRY VALLABH BHAWAN
BHOPAL M.P. (MADHYA PRADESH)
2. PRINCIPAL SECRETARY TRIBAL WELFARE
D EPARTM EN T VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
3. PRINCIPAL SECRETARY FINANCE DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
4. COMMISSIONER TRIBAL DEVELOPMENT
BHOPAL (MADHYA PRADESH)
5. NATIONAL SECURITIES DEPOSITORY LIMITED
THROUGH EXCEUTIVE DIRECTOR TRADE
WORLD A-WING 4TH FLOOR KAMLA MILLS
COMPOUNDS LOWER PAREL MUMBAI
(MAHARASHTRA)
6. PENSION FUNDS REGULATORY AND
DEVELOPMENT AUTHROITY THROUGH
EXCUTIVE DIRECTOR B-14/A CHATRAPATI
SHIVAJI BHAWAN QUTAB INSTITUTIONAL AREA
KATWARIA SARAL (DELHI)
7. ASSISTANT COMMISSIONER JANJATIYA KARYA
V I B H A G DISTRICT CHHINDWARA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI AMIT MISHRA - PANEL LAWYER)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 05-03-2024
18:43:18
12
This petition coming on for admission this day, th e court passed the
following:
ORDER
These bunch of petitions raises a common issue that petitioners who
were initially appointed as Shiksha Karmi/Samvida Shala Shikshak, who were
later on absorbed in the cadre of Adhyapak w.e.f. 01.04.2007, have become
Government servants with formation of Rajya Shaikshnik Samvarg in the year
2018, which has three tier system of Prathmik Shikshak i.e. Primary Teacher,
Madhyamik Shikshak i.e. Middle Teacher and Uchcha Madhyamik Shikshak i.e.
Higher Secondary School Teacher.
2. It is submitted that since petitioners have become Government servants,
they are entitled to the benefit of the Madhya Pradesh Civil Services (Pension)
Rules, 1976, which was applicable to all the employees of the State
Government, who were appointed prior to 01.04.2005. It is submitted that
since petitioners were appointed prior to 01.04.2005, therefore, on their merger
with the State Government, they are entitled to the Old Pension Scheme.
3. Writ Petition No.10444/2020, Tribal Welfare Teachers Association Vs.
State of Madhya Pradesh is taken as lead case and all the documents referred to
herein, will be the documents from this petition.
4. Shri K.C. Ghildiyal, learned Senior Advocate, submits that Madhya
Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service)
Rules, 1997, were framed by the State Government in the year 1997. Some of
the petitioners were appointed under those Rules and some others under the
Samvida Shala Shikshak (Appointment and Conditions of Contract) Rules,
2001.
5. It is submitted that thereafter Madhya Pradesh Panchayat Adhyapak
Samvarg (Employment and Conditions of Services) Rules, 2008, were brought
into force as are contained in Annx.P/5, and there was a Scheme that Shiksha
Karmi Grade-III, will be absorbed as Sahayak Adhyapak, Shiksha Karmi
Grade-II as Adhyapak and Shiksha Karmi Grade-I as Varishth Adhyapak.
Analogous provisions were made with regard to the Rules of 2001. Thereafter,
in the year 2018, Rajya Shaikshanik Samvarg has been prepared and came in
force and now there is a common cadre, namely, Rajya Shaikshanik Samvarg.
6. Petitioner's contention is that after becoming part of Rajya Shaikshanik
Samvarg, they are entitled to be treated retrospectively from the date of their
initial appointent to be members of the State Civil Service entitling them to the
benefits as are admissible to the civil servants under the Madhya Pradesh Civil
Services (Pension) Rules of 1976 and to support this submission, reliance is
placed on Section 51 of Madhya Pradesh Panchayat Rajya Avam Gram Swaraj
Adhiniyam, 1993 (hereinafter referred to as Act of 1993 for short).
7. Reading from Section 51 of the Act of 1993, it is submitted that the State
Government has been given authority to entrust to a Janpad Panchayat or Zila
Panchayat functions in relation to any matter in which the executive authority of
the State Government extends or in respect of functions which have been
entrusted to the State governmnt by the Central Government and the Janpad
Panchayat or Zila Panchayat shall be bound to perform such functions. It shall
have necessary powers to perform such functions.
8. Reading Sub-section (2) of Section 51 of the Act of 1993, it is pointed out
that since the functions which are entrusted to a Janpad Panchayat or Zila
Panchayat under Sub-section (1), the concerned Zila Panchayat or Janpad
Panchayat has to act as an agent of the State Government and they are to be
paid by the State Government such sum as may be deemed necessary for
discharging the functions entrusted to it under this Section. Therefore, in view
of the provisions contained in sub-section (4) of Section 52 of the Act of 1993,
where, there is a provision for general control of the State Government or any
other authority appointed by it, it is submitted that de facto petitioners have
been employees of the State Government and, therefore, they are entitled to
count for all the benefits which accrued to a civil servant under the State.
9. In this backdrop, petitioners are challenging the action of the respondents
in keeping them under the fold of the NPS managed by National Security
Depository Limited, which is a contributory Pension Scheme floated by the
State Government for those who have been appointed in the services of the
State after 01.04.2005.
10. Reliance is also placed on a judgment of the Coordinate Bench of this
High Court Bench at Indore in Writ Petition No.2634/2020, decided on
03.10.2023, where the issue was that whether the employees of Gram
Panchayat, Janpad Panchayat and Zila Panchayat are to be treated at par with
the State Government employees in respect of date of implementation of
recommendations of the 6th Pay Commission and ancillary issue was under
which authority, the State Government is competent to fix the date of
implementation for the members of Panchayat services.
11. Petitioners' contention is that since these schools were handed over by the
Government to the respective Panchayats, they did not lose their original
character of the Government institutions.
12. Reading extensively from said judgment of Indore Bench, it is pointed out
that a Coordinate Bench of this High Court placing reliance on the judgment of
Supreme Court in State of Gujrat Vs. Ramanlal Keshavlal Soni [(1983) 2
SCC 33], held that when personals are drawn from different sources, namely,
Government departments, as well as, the local authorities or municipalities
merged together to constitute a single integrited civil services under the State by
a legislative enactment, would become the State Government employees
irrespective of their original status. The question was answered in the
affirmative.
13. It is submitted that in this very judgment of Ramanlal (supra), it was
noted that the Panchayat service in Gujrat constituted under Section 203 of the
Gujrat Panchayat Act, 1962, was a civil service of the State and members of the
service were Government servants and taking that anology, Hon'ble Coordinate
Bench of this Court at Indore in Writ Petition No.2634/2020, in view of the fact
that the State of Madhya Pradesh has control to make rules and regulations for
recruitment in Panchayats, and the servies provided to the citizens residing
within a rural area, the Panchayats are constituted under Article 243-B of the
Constitution, therefore, those benefits which the State Government provides to
all citizens of Madhya Pradesh to various departments by recruiting employees,
the same facility/services have been given by the Panchayat through its
employees, held that the employees of Panchayats are also public servants and
State Government employees. Thus, it is submitted that though petitioners were
initially appointed under the provisions of the Madhya Pradesh Panchayat
Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997, but since
initially the State Government run schools were handed over to the Panchayats,
the effective and actual control being that of the State Government, they all will
be treated to be the State Government servants.
14. Shri Amit Mishra, learned Panel Lawyer for the State in his turn, submits
that petitioners are not entitled to any of the relief claimed by them. He admits
that the reply filed in this petition is cryptic and does not answer any of the
issues raised by the petitioners directly, but at the same time, he leaves no stone
unturned to defend the action of the State on the ground that by no stretch of
imagination, employees of Panchayat can be termed to be Government
employees and even if, they are merged with the State Government as has been
sought to be made out by Shri Ghildiyal, Sr. Advocate, referring to the
provisions of some Scheme of 2018, by which Rajya Shaishanik Samvarg has
been created, but that being after 01.04.2005, they will be still governed by the
NPS and not by the Pension Rules, 1976.
15. After hearing learned counsel for the parties, first issue is that as far as
order of the Coordinate Bench passed in Writ Petition No.2634/2020, is
concerned, that has been stayed by a Hon'ble Division Bench of this Court vide
order dated 04.12.2023 in Writ Appeal No.2182/2023.
16. Secondly, on facts of the case which are narrated and reliance on the
judgment of Supreme Court in case of Ramanlal (supra), it is evident that those
facts are distinguishable from the facts of the present case. In that case,
Panchayat service was constituted under Section 203 of the Gujrat Panchayats
Act, 1962 as a Civil Service under the State. That being the distinctive factor,
because in the present case, the Rules of 1997, categorically provides that in
exercise of the powers conferred by Clause (b) of Sub-section (1) of Section
53, Sub-section (1) of Section 70 read with Sub-section (1) of Section 95 of the
Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, the State
Government makes the following Rules, namely, Madhya Pradesh Panchayat
Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997.
17. Definition Clause-2, Shiksha Karmi is defined under Section 2(h) to mean
a person appointed by a Zila Panchayat or Janpad Panchayat as the case may
be for teaching in the schools under their control. Rule 5, deals with methods
of selection and recruitment and Sub-rule (8) of Rule 5 provides that the
selection committee shall be constituted consisting of members as specified in
Schedule-II by the Zila Panchayat or the Janpad Panchayat as the case may be.
Then the procedure has been given in Sub-rule (9) as to how suitability of the
candidates will be assessed and marks will be given. These appointments are to
be made on probation for a period of three years as is provided under Rule 7.
18. Rule 9 of Rules of 1997, provides that discipline and control will be that
of the Zila Panchayat or Janpad Panchayat as the case may be. The General
Administration Standing Committee of the Zila Panchayat or Janpad Panchayat
as the case may be, shall be the disciplinary authority for major punishment and
the Chief Executive Officer of the Panchayat for the minor punishment. Thus, it
is evident that nowhere these rules provide for constituting a service under the
State Government. A distinct service has been created under the Rules of 1997,
which continued in a different form in the name of Panchayat Samvida Shala
Shikshak (Appointment and Conditions of Contract) Rules, 2001. Thus, this
being the difference and, therefore, the law laid down in case of Ramanlal
(supra) has no application to the facts and circumstances of the case.
19. As far as the M.P. Civil Services Pension Rules, 1976, is concerned, Rule
2 provides that these rules shall apply to every Government servant appointed
to civil services and post in connection with the affairs of the State of Madhya
Pradesh and who are borne on establishment not declared as non-pensionable.
Thereafter, it is provided in Rule 2 itself that these rules, shall not apply to :-
(a) persons in a work-charged establishment;
(b) persons in casual and daily rated employment;
(c) persons paid from contingencies;
(d) persons entitled to the benefit of Contributory Provident Fund;
(e) persons employed on contract except when the contract provides
otherwise; and
(f) persons whose terms and conditions of service are regulated by any
other rules for the time being in force.
(g) Government servants appointed on or after 1st January, 2005 to the
services and posts in connection with the affairs of the State, either temporarily
or permanently.
20. Thus, it is evident that Clause (e) of Rule 2, provides that persons
employed on contract except when the conract provides otherwise are not
covered under the M.P. Civil Services (Pension) Rules, 1976. Thus, admittedly,
when petitioners were appointed on contract under the provisions of Madhya
Pradesh Panchayat Shiksha Karmi (Recruitment and conditions of Service)
Rules, 1997, and thereafter under the Rules of 2001 meant for Samvida Shala
Shikshak, then they are not covered by the Rules of 1976. Even otherwise, if
petitioners were to contend that they are covered by the Rules of 1976, then
they should have agitated this matter in the year 1997 or soon after their
appointment, inasmuch as, Clause (f) of Rule 2, provides that persons whose
terms and conditions of service are regulated by any other rules for the time
being in force, shall be excluded from the operation of the M.P. Civil Services
(Pension) Rules. Thus, admittedly, these Rules of 1976, have no application to
the facts and circumstances of the case.
21. Reliance of the Coordinate Bench on the provisions contained in Article
243-B, 243-C etc. is concerned, Article 243-D, defines a Panchayat as an
institution of self Government constitued under Article 243-B for the rural areas.
22. Article 243-B, deals with constitution of Panchayats. It provides; (1)
there shall be constituted in every State, Panchayats at the village, intermediate
and district levels in accordance with the provisions of this part.
23. Article 243-C deals with composition of Panchayats and provides that
subject to provisions of this Part, the Legislature of a State may, by law, make
provisions with respect to the composition of Panchayats: provided that the
ratio between the population of the territorial area of a Panchayat at any level
and the number of seats in such Panchayat to be filled by election shall, so far
as practicable, be the same throughout the State.
24. Article 243-G, deals with powers, authority and responsibilities of
Panchayats. It provides that subject to the provisions of the Constitution, the
Legislature of a State may, by law, endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-
government and such law may contain provisions for the devolution of powers
and responsbilities upon Panchayats at the appropriate level, subject to such
conditions as may be specified therein, with respect to -
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social
justice as may be entrusted to them including those in relation to the matters
enlisted in the Eleventh Schedule.
25. Thus, a plain reading of Article 243-G, makes it abundantly clear that mere
delegation of certain powers and authority to enable them to function as
insitutions of self-government will not take away the atonomy of the Panchayat
Raj institutions and they will still be autonomous in the matter of preparation of
plans for economic development and social justice as may be entrusted to them.
26. Thus, when this autonomy is considered in view of the provisions
contained in Article 243-I, which deals with constitution of a Finance
Commission to review financial position and Article 243-J, which deals with
audit of accounts of Panchayats, leaves no iota of doubt that though some
grants or consideration may be rolled out to the Panchayats by the State
Government, but their financial autonomy was sought to be kept intact by the
framers of the Constitution and in that view, it cannot be said that the Panchayat
have subrogated their authority and have merged their identity with the State
government. Since their identity is not merged with that of the State
Government, their employees cannot seek to get their identity merged with the
State Government so to seek the benefit of pension.
27. When all these aspects are examined, then in terms of the provisions
contained in Madhya Pradesh Adhyapak Samvarg (Employment and Conditions
of Service) Rules, 2008, it is evident that Adhyapak Samvarg has been defined
in Clause 2(f), as the person employed or merged by the Zila Panchyat or
Janpad Panchayat for teaching in the schools under their control.
28. Similarly, Section 2(g), defines Shiksha Karmi as a person appointed for
teaching by the Zila Panchayat or Janpad Panchayat, as the case may be, under
the Madhya Pradesh Panchayats Shiksha Karmi (Recruitment and Conditions of
Service) Rules, 1997. Similarly, Section 2(h), defines Samvida Shala Shikshak
to mean a person employed/appointed by Zila Panchayat or Janpad Panchayat
as the case may be, under the Madhya Pradesh Panchayat Samvida Shala
Shikshak (Conditions of Employment and Contract) Rules, 2005, for teaching
in the schools under their control. These three definitions leave no iota of
doubt that Shiksha Karmi or Samvida Shala Shikshak or Adhyapak Samvarg is
a category of persons which were meant for teaching in the schools under the
control of Zila Panchayat or Janpad Panchayat. They are not under the control
of the State Government and by no stretch of imagination, they can be said to
be the civil servants in terms of the definition of Civil Servants given in the
Fundamental Rules 2 & 3.
29. Fundamental Rule -2, provides that the Fundamental Rules apply to all
Government servants whose pay is debitable to civil estimates in India. In the
present case, pay and allowances of a Panchayat Shiksha Karmi or a person
belonging to Adhyapak Samvarg or Samvida Shala Shikshak, is not debitable to
civil estimates in India or of the State, therefore, they are not amenable to the
Fundamental Rules of the State. Therefore, they being not a civil servant,
Pension Rules of 1976 will not be applicable to them.
30. In view of such facts, even if, their merger in the year 2018 is taken to be
with the State Government as canvassed by Shri Ghildiyal, Sr. Advocate, but
for which no material is brought on record, still by virtue of the opleration of the
provisions contained in clause 2(g) of the M.P. Civil Services (Pension) Rules,
1976 as inserted vide order dated 02.04.2005, even if hypothetically petitioners
are treated to be a Government servants, for which there is no material on
record, still they will not be governed by the Pension Rules of 1976 and,
therefore, their claim for grant of pension under the Rules of 1976, cannot be
accepted.
31. Accordingly, petitions fail and are dismissed.
(VIVEK AGARWAL)
JUDGE
A.Praj.
