Patna High Court
The Navodaya Vidyalaya Samiti vs Pravin Kumar on 9 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1337 of 2022
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1. The Navodaya Vidyalaya Samiti (NVS) through the Commissioner,
Navodaya Vidyalaya Samiti, Department of School Education and Literacy,
Ministry of Education, Government of India, B-15, Institutional Area,
Sector-62, Noida, District-Gautam Budh Naar 201309 (U.P.)
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, Place/PO-Sheikhpura, District-
Sheikhoura-811105 (Bihar).
... ... Petitioner/s
Versus
Pravin Kumar Son of Late Braj Nanadan Singh, Catering Assistant, Jawahar
NavodayaVidyalaya, Sheikhpura, Resident of Opp-Gyan Deep Public School,
West Karyanand Nagar, Ward No.-9, District Sheikhpura-811311 (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad Advocate
For the Respondent/s : Mr. Munna Pd Dixit (M.P. Dixit) Advocate
Mr. S.K. Dixit Advocate
Mr. S.K. Chaubey Advocate
Mrs. Swastika Advocate
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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
Patna High Court CWJC No.1337 of 2022 dt.09-01-2023
State government is confined to the extent
of providing grant in aid to the Panchayati
Raj Institutions/local bodies for payment of
salary to such teachers and provides
infrastructural 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
respondent'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
unification of NVS spouse for promoting
better living and working atmosphere
within organisation, the transfer on grounds
of spouse unification may be governed in
following 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
supplied)
(iv) All spouses having served a
Patna High Court CWJC No.1337 of 2022 dt.09-01-2023
full tenure (10 years/ 05 years as applicable
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
opportunity 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 displaced employee within state
boundary subject to availability of vacancy.
(v) Employee posted on a station
outside the State boundary (of spouse) may
not be protected from displacement
claiming spouse ground.
(vi) Employee opting transfer, on
spouse ground, to JNV outside state
boundary will not be allowed transfer on
spouse ground. However, they can claim
such station as a normal transfer (plain
area) without availing any priority.
(vii) Certificate of spouse:
Certificate of working spouse must be
issued by the competent authority within
one month prior to the date of filing of
online application form. The certificate
must clearly mention whether the
organisation is purely a Central / State
Govt. / Autonomous / Private Organisation
and whether the employee concerned is a
permanent / contractual employee.
(viii) The Principal shall act as
the authority to examine the
validity/legitimacy of the certificates of
priority and to approve/reject such
certificate along with the request of transfer
claimed on such basis."
Sub Para 3 of Para 5 of aforementioned guidelines is
required to be taken into consideration. Undisputedly
Patna High Court CWJC No.1337 of 2022 dt.09-01-2023
respondents' 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 working 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
supervision of certain issued of the Zila Parishad, is vested with
the State government. Therefore, the Central Administrative
Tribunal has committed error in extending relief sought by the
respondent herein insofar as transfer of respondent with
reference to his spouse who is working as a Panchayat Teacher.
The Central Administrative Tribunal has failed to appreciate
whether Panchayat Teacher has a nexus or a master and servant
relationship 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
Patna High Court CWJC No.1337 of 2022 dt.09-01-2023
local 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
juncture.
(P. B. Bajanthri, J)
( Arun Kumar Jha, J)
shoaib/-
AFR/NAFR
CAV DATE
Uploading Date 12.01.2023.
Transmission Date
