Pleas allowed in School Edn Deptt case

Source: The Hitavada      Date: 05 Oct 2018 10:56:54


Legal Correspondent,

In the matter related to School Education Department, the single bench of the Madhya Pradesh High Court comprising Justice, Vandan Kasrekar has said, “Resultantly, all the above writ petitions are allowed. Impugned orders dated on April 12, 2018 and April 16, 2018 passed in all the above writ petitions are hereby set aside. The respondents are directed to relieve all the petitioners from their respective institutes forthwith from their present place of institution to join their respective institution of transfer, absorption.”

The single bench of the MPHC has heard the bunch of the petitions filed by Vishnu Soni and others. All these above writ petitions are being decided by this common order as the common question of law as well as the facts are involved in these writ petitions. However, for the sake of brevity, facts have been taken from writ petition filed by Vishnu Soni and others against the State of Madhya Pradesh.

The petitioners were initially appointed as Samvida Shala Shikshak in their respective institutions vide orders issued on different dates. The State Government, in exercise of its powers conferred under Section 70(2) read with Section 95(1) & (3) of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 framed the rules known as MP Panchayat Adhyapak Samvarg (Recruitment and Conditions of Service) Rules, 2008. Shiksha Karmis and Samvida Shala Shikshaks working in the schools of various panchayats and fulfilling the prescribed criteria were absorbed and appointed in Adhyapak Samvarg on the post of Sahayak Adhyapaks, Adhyapaks, Varishtha Adhyapaks.

Respondent issued an order dated on July 10, 2017, circulating a policy, providing for inter-body absorption, transfer in respect of the employees serving with various local bodies under the Recruitment Rules, 2008. Detailed instructions were issued, including the procedure for submitting applications for inter-body absorption, the priority to be given in absorption and also, other criteria to be fulfilled for such absorption. As per the said policy, absorption and transfer could be made from an institution under School Education Department to an institution under Tribal Department and vice-versa. Similarly, transfer could also be affected from an institution of School Education Department to another institution in the same department and from one tribal institution to another tribal institution.

The respondent has issued instructions on August 21, 2017 regarding submission of online applications for inter-body absorption. By an order dated on February 13, 2018 issued by respondent, all the District Education officers and Assistant Commissioner, Tribal Development were directed to adhere to the instructions already issued for inter-body absorption and it was provided that the permission for inter-body absorption shall be affected from April 1, 2018. The respondent was empowered to sanction the inter-body absorption in respect of all employees, whether serving in the school under the School Education Department or Tribal Department. In view of the said policy issued by respondent, the petitioners submitted their applications for inter-body transfer. The applications submitted by the petitioners were duly processed to respondent and all formalities as directed by respondent were completed by the petitioners. Respondent granted permission for absorption of the petitioners from the school under Tribal Development Department to school under School Education Department and directed for posting of the petitioners in their respective institutions.

Respondent on April 5, 2018 issued instructions to all District Education officers and Assistant Commissioner, Tribal Development regarding posting and relieving of the Adhyapaks, who were permitted to be absorbed under inter-body absorption policy. It was specifically mentioned in the said letter that posting was required to be made upto April 15, 2018 and relieving was to be made between April 16, 2018 to April 30, 2018.

Before the petitioners could be relieved in pursuance to the order of absorption dated on March 16, 2018, respondent issued an order on April 12, 2018, directing to stay the orders of inter-district/inter-department absorption, including those absorption in which the employees of Tribal Development Department were involved. The aforesaid order was issued on the pretext of deficiency of employees in Adhyapak Samvarg.

As a consequence of the order dated on April 12, 2018 issued by respondent, another respondent also issued an order dated on April 16, 2018 staying the orders relating to inter-body absorption and it was directed that the employees shall not be relieved in pursuance of the order of absorption already passed. Later on, respondent has issued another order dated on May 23, 2018 modifying the earlier order dated on April 16, 2018 stay imposed earlier is relaxed except in the cases of the employees where transfer is ordered from tribal area to non-tribal area and vice-versa and also, from tribal area to tribal area.

In pursuance of order issued by respondent, respective Chief Executive Officers, Jila Panchayats issued orders of posting in respect of the petitioners.
Despite the posting of the petitioners in the institutions under the control of School Education Department, the petitioners are not being relieved in light of the order dated on April 12, 2018 and April 16, 2018. Being aggrieved by these orders, the petitioners have filed the present writ petitions.