The Navodaya Vidyalaya Samiti ... vs Dr. Sanjay Kumar
2023 Latest Caselaw 100 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.1740 of 2022
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1. The Navodaya Vidyalaya Samiti (NVS) through the Commissioner, Navo-

daya Vidyalaya Samiti, Department of School Education and Literacy, Min- istry of Education, Government of India, B-15,Institutional Area, Secrot-62, Noida, District-Gautam Budh Nagar-201309 (UP).

2. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Department of School Education and Literacy, Ministry of Education, Government of India,regional Office, Karpuri Thakur Sadan, Kendriya Karyalay Parisar, Block-A and B, 5th Floor, Ashiyana Digha Road, Patna-800025 (Bihar)

3. The Principal Jawahar Navodaya Vidyalaya, District-Darbhanga-847337 (Bihar).

... ... Petitioner/s Versus Dr. Sanjay Kumar Son of Late Narendra Prasad Post Graduate Teacher (Physics), Jawahar Navoday Vidyalaya, Darbhanga-847337, Resident of near Power House Zileniamore, PO-Thakurganj, District-Kishanganj-855116 (Bi- har).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Siddhartha Prasad Advocate For the Respondent/s : Mr.Munna Pd Dixit (M.P. Dixit) Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 09-01-2023

Service of notice to respondent is completed. Matter

is taken up for final disposal.

Pursuant to previous orders, the State Government has

filed their counter affidavit.

Para 9 and 11 of the counter affidavit read as under:-

"9. That in matters of panchayat/Niyojit teachers, the role of the State government is confined to the extent Patna High Court CWJC No.1740 of 2022 dt.09-01-2023

of providing grant in aid to the Panchayati Raj Institutions/local bodies for payment of salary to such teachers and provides infras- tructural support to such institutions.

11. That thus it is submitted that panchayat teachers/niyojit teachers do not come under the state government."

Core issue involved in the present lis is whether re-

spondent's spouse who is staff of the Zila Parishad could be

treated as staff of the State government or not?

Para 5 of the notice-Transfer Guidelines 2018 dated

02.04.2018 reads as under:-

"5. Transfer on priority (spouse ground): NVS, through provisions of its transfer policy and guidelines extends due priority in transfer for unification of spouse. However, in order to facilitate unifi- cation of NVS spouse for promoting better living and working atmosphere within or- ganisation, the transfer on grounds of spouse unification may be governed in fol- lowing order of priority:

(i) NVS Spouse (to be given top priority for seeking transfer where both the employees are NVS employee). It will also cover the case of those spouse whose wife/husband has died while in service.

(ii) Central Govt. Spouse (to be given priority after NVS Spouse where one employee is in NVS while the other is in Central Govt).

(iii) State Govt. Spouse (to be given priority after NVS and Central Govt. spouse where one employee is in NVS while the other is in State Govt). (underline sup-

plied)

(iv) All spouses having served a full tenure (10 years/ 05 years as applicable Patna High Court CWJC No.1740 of 2022 dt.09-01-2023

to their cadre or 10 year if one member is of 10 year tenure and other member is if 05 year tenure) under unified status may be treated as deemed vacant and are liable to be displaced in order to maximise opportu- nity for other employees to serve there. However, due care may be taken to keep the spouse unified, if displaced, in any other JNV subject to availability of vacancy. In case of displacement of State / Central Govt Spouse, care will be taken to post the dis- placed employee within state boundary sub- ject to availability of vacancy.

(v) Employee posted on a station outside the State boundary (of spouse) may not be protected from displacement claim- ing spouse ground.

(vi) Employee opting transfer, on spouse ground, to JNV outside state bound- ary will not be allowed transfer on spouse ground. However, they can claim such sta- tion as a normal transfer (plain area) with- out availing any priority.

(vii) Certificate of spouse: Cer-

tificate of working spouse must be issued by the competent authority within one month prior to the date of filing of online applica- tion form. The certificate must clearly men- tion whether the organisation is purely a Central / State Govt. / Autonomous / Pri- vate Organisation and whether the em- ployee concerned is a permanent / contrac- tual employee.

(viii) The Principal shall act as the authority to examine the validity/legiti- macy of the certificates of priority and to approve/reject such certificate along with the request of transfer claimed on such ba- sis."

Sub Para 3 of Para 5 of aforementioned guidelines is

required to be taken into consideration. Undisputedly respon- Patna High Court CWJC No.1740 of 2022 dt.09-01-2023

dents' spouse is working with the concerned Zila Parishad as

Panchayat Teacher. Such Panchayat Teacher would fall under

the definition of State government employee or not? In the light

of Para 9 and 11 of the counter affidavit of the State read with

the fact that there is no master and servant relationship between

the State government and spouse of the respondent who is work-

ing as Panchayat Teacher.

Perusal of various provisions of the Bihar Panchayati

Raj Act, it is evident that it is a separate entity in other words it

is a local body. The State government role is only to fund the

Zila Parishad. The internal functions of the Zila Parishad is left

to the Zila Parishad except to the extent of funding and supervi-

sion of certain issued of the Zila Parishad, is vested with the

State government. Therefore, the Central Administrative Tri-

bunal has committed error in extending relief sought by the re-

spondent herein insofar as transfer of respondent with reference

to his spouse who is working as a Panchayat Teacher. The Cen-

tral Administrative Tribunal has failed to appreciate whether

Panchayat Teacher has a nexus or a master and servant relation-

ship with the State government or not?

Perusal of Bihar Panchayati Raj Act and its provision

it is crystal clear that staff of the Gram Panchayat and other lo-

Patna High Court CWJC No.1740 of 2022 dt.09-01-2023

cal bodies have no nexus with the State government except State

government providing funds and overall supervision in respect

of financial and other deputed officials to the Zila

Parishad/Gram Panchayat etc. Therefore the order of the Central

Administrative Tribunal dated 21.10.2021 passed in Original

Application No. 050/00338/2021 (MA/050/00432/2021) stands

set aside while affirming the order of transfer of the respondent.

The petitioners are at liberty to take fresh decision insofar as

transfer and posting of respondent, if it is warranted at this junc-

ture.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) shoaib/-

AFR/NAFR
CAV DATE
Uploading Date          12.01.2023.
Transmission Date