Madhya Pradesh High Court
Manoj Kumar Mishra vs The State Of Madhya Pradesh on 29 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:3651
1 WP-30628-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 29th OF JANUARY, 2026
WRIT PETITION No. 30628 of 2025
PANKAJ KUMAR PUROHIT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Alok Katare - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
WITH
WRIT PETITION No. 13430 of 2025
MANOJ KUMAR MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Arun Dudawat - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
WRIT PETITION No. 30695 of 2025
NIRMAL KUMAR JAIN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Varun Kaushik - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
WRIT PETITION No. 30697 of 2025
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 1/30/2026
6:49:56 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:3651
2 WP-30628-2025
ARVIND KUMAR VERMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Varun Kaushik - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
WRIT PETITION No. 30765 of 2025
RAKESH KUMAR JATAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri SS Raghuvanshi - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
WRIT PETITION No. 30862 of 2025
SUNIL KUMAR RATHORE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Varun Kaushik - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
WRIT PETITION No. 30865 of 2025
VED PRAKASH SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Varun Kaushik - Advocate for the petitioner.
Smt. Monika Mishra -Govt. Advocate for the respondents/State.
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 1/30/2026
6:49:56 PM
NEUTRAL CITATION NO. 2026:MPHC-GWL:3651
3 WP-30628-2025
....................................................................................................................................
ORDER
The petitioners in this batch of writ petitions are aggrieved by the order dated 24.07.2025, whereby they have been given posting by the orders passed by respondent-Commissioner, Public Instructions, Bhopal. They have also challenged the order dated 29.07.2025, whereby all these petitioners have been auto-relieved from their alleged present place of postings. By way of amendment, the petitioners have also challenged the order dated 01.08.2025 passed during the pendency of these petitions by the District Programme Coordinator, District Education Centre, Shivpuri, whereby the subsequent order of deputation of the petitioners has also been cancelled.
[2]. This Court has passed the interim order in all these cases, thereby directing the respondents to allow the petitioners to continue at their place of deputation. The interim order is continue as on date.
[ 3 ] . The facts necessary for decision of these cases are that the petitioners are substantively holding the post of Uchch Shreni Shikshak/Uchch Madhyamik Shikshak/Adhyapak in the School Education Department and were posted in different schools before they were initially sent on deputation. Vide order dated 29.05.2020, (Annexure P-3), all these petitioners were earlier sent on deputation to Rajya Shiksha Kendra on the post of CAC (Cluster Academic Coordinator) & BAC (Block Academic Coordinator).
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:3651 4 WP-30628-2025 [ 4 ] . After completing four years of service on deputation, the petitioners were repatriated to their parent department vide order dated 17.09.2024, (Annexure P-4). They were relieved from their place of deputation to submit their joining before the District Education Officer, Shivpuri. It is the case of the petitioners that they submitted joining in the office of District Education Officer, Shivpuri, from where they were given the temporary postings at different places.
[5]. The Rajya Shiksha Kendra again published an advertisement thereby inviting applications for taking teachers on deputation. The District Project Coordinator, District Shiksha Kendra, Shivpuri, asked BRCC of all Janpad Shiksha Kendra to obtain consent and objections on the names persons to be taken on deputation. Importantly, a perusal of this memo shows that the list of Uchch Shreni Shikshak & Madhyamik Shikshak was sent by the office of District Education Officer, Shivpuri. Accordingly, vide order dated 07.03.2025, (Annexure P-7), the petitioners were again taken on deputation and are posted on the post of CAC & BAC. The petitioners are accordingly working on posts of deputation.
[6]. The impugned orders thereafter came to be passed by respondent no.2 whereby the petitioners have been given postings on various schools. It is the case of the petitioners that as per these posting orders, the petitioners have been shown posted at the places where they were temporarily placed by the District Education Officer after their repatriation. It is their case that these posting orders have been passed in ignorance of their subsequent Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:3651 5 WP-30628-2025 deputation to Rajya Shiksha Kendra vide order, dated 07.03.2025.
[7]. The petitioners submit that after their temporary posting by DEO, they have been again sent on deputation and, therefore, the orders passed with regard to their posting in different schools under School Education Department are illegal and contrary to the orders of their deputation. They also submit that during the pendency of these petitions, the District Project Coordinator, District Education Centre, Shivpuri passed the impugned orders dated 01.08.2025, whereby the order of their deputation dated 07.03.2025 has also been cancelled. However, this cancellation is also on the basis of the order of their posting issued by respondent no.2 and which are under challenge in this petition. Thus, the petitioners have prayed for setting aside of the impugned orders and for issuance of direction to the respondents to continue them on deputation as per order dated 07.03.2025.
[8]. Learned Government Advocate, on the other hand, supported the impugned orders. It is her submission that the petitioners are substantively holding the posts in School Education Department and they have no right to claim working on deputation. It is her submission that even though the order of deputation was passed on 07.03.2025, however, being the employer, the School Education Department has a right to call the petitioners back to their parent department. She also submitted that there is no period specified in the order of deputation for which the petitioners have been sent on deputation and, therefore, calling them back is within the jurisdiction of respondent no.2. Learned counsel also submitted that since the order of deputation has also been cancelled vide order dated 01.08.2025, the petitioners are required Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:3651 6 WP-30628-2025 to join as per their posting orders issued by respondent No.2. She, therefore, prayed for dismissal of the petitions.
[9]. Shri Arun Dudawat, appearing for the petitioner in W.P. No.13430 of 2025, supports the action of the respondents. As per his submission, once the petitioners have been repatriated on completion of four years of service on deputation, they could not have been sent on deputation again, before expiry of a period of two years. He referred to the instructions issued by Commissioner, Rajya Shiksha Kendra, Bhopal dated 24.11.2011, (Annexure P/2 in his writ petition) wherein it has been held that in between two spells of deputation, there should be mandatorily a cooling-off period of two years. He thus submitted that sending the petitioners again on deputation within few months is contrary to the aforesaid instructions.
[10]. Considered the arguments and perused the record.
[11]. The facts which are not in dispute are that the petitioners were initially sent on deputation vide order dated 29.05.2020. They have been repatriated on completion of four years on 07.09.2024 and were temporarily given postings by the District Education Officer. Vide order dated 07.03.2025, they were again sent on deputation to Rajya Shiksha Kendra and are thus working on their place of deputation as on date.
[12]. The contention of the petitioners is that the impugned orders of their posting issued on 24.07.2025 by respondent no.2, are in ignorance of their order of deputation dated 07.03.2025. This stand of the petitioners finds Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:3651 7 WP-30628-2025 support from the stand taken by the respondents in para 9 & 10 of their reply, wherein the respondents have stated as under.
" 9 . That, meanwhile the office of District Project Coordinator Shivpuri again issued an advertisement for appointment on deputation for the post of BAC (Block Academic Coordinator) and CAC (Cluster Academic Coordinator) vide letter dated 10.02.2025. After completion of proceedings, the petitioners were again selected on the post of CAC vide office order dated 07.03.2025.
10. That, after selection the petitioners joined their services as CAC on deputation, but same fact was not intimated by them to the office of Directorate of Public Instructions. Since, the Directorate of Public Instructions knew this fact that the petitioners have returned back and regular posting of petitioners is pending, therefore, the humble respondent No.2 office issued regular posting orders dated 24.07.2025 (Annexure P/1)."
[13]. It is thus apparent that as per the submission of respondents themselves, the posting orders passed by respondent no.2 were issued in ignorance of the subsequent deputation of the petitioners vide order dated 07.03.2025.
[14]. The respondents have though tried to justify the impugned orders by submitting that there is no specific period of deputation mentioned in the order or otherwise and, therefore, it was within the competence of respondent no.2 to call them back. However, in view of the specific stand taken in paragraphs 9 & 10 of the reply, it is apparent that since the office of respondent no.2 was not aware about the deputation order dated 07.03.2025, the impugned orders of posting came to be passed. Even otherwise, the petitioners were sent on deputation on 07.03.2025 and the impugned orders of posting were issued by respondent no.2 on 24.07.2025 i.e. within four months. Therefore, it cannot be presumed that the petitioners were sent on Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:3651 8 WP-30628-2025 deputation only for such a short period.
[15]. While the present writ petitions were pending and the interim orders passed by this Court are operating, the District Project Coordinator, Shivpuri, passed the other impugned order dated 01.08.2025, whereby the deputation order dated 07.03.2025 was cancelled. However, the said order is also cancelled only because of the posting orders issued by respondent no.2 and no other reason is assigned therefor.
[16]. Learned counsel for the respondents again vehemently argued that the respondents being the parent department is within its power to call the petitioners back, particularly when there is no specific period mentioned for their deputation. In this regard, it is sufficient to observe that since the impugned orders have been passed in ignorance of the order of deputation dated 07.03.2025, the aforesaid argument of the learned Government Advocate is not acceptable.
[17]. Considering the aforesaid, the impugned orders dated 24.07.2025 passed by respondent no.2 regarding posting of the petitioners and their consequential auto-relieving orders dated 29.07.2025 are hereby quashed. Since the order dated 01.08.2025 (Annexure P-12) is passed only based upon the order of posting dated 24.07.2025, the same also stands quashed.
[18]. The aforesaid impugned orders have been quashed by this Court based upon the stand taken by the respondent in para 9 & 10 of their return. The issue of validity of deputation order is, therefore, not an issue for consideration in this order. Therefore, the respondents are at liberty to Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:3651 9 WP-30628-2025 examine this aspect, if warranted.
[19]. In view of the aforesaid, the W.P. No.13430 of 2025 filed by Shri Manoj Kumar Mishra also stands disposed of.
(ASHISH SHROTI) JUDGE vpn/-
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 1/30/2026 6:49:56 PM