Madhya Pradesh High Court
Pravendra Kumar Jaroliya vs Western Regional Committee Judgement ... on 13 December, 2013
Writ Petition No.21165/2013.
13.12.2013
Shri Rajendra Tiwari, learned Senior Counsel with Shri
P. Shrivastava, learned counsel for the petitioner.
Heard on admission.
Order-dated 14.11.2013 is being assailed by the
petitioner; whereby, while withdrawing the services of the
petitioner from National Council for Teachers' Education,
Western Regional Committee, Bhopal, he is transferred to M/s
MPCON Limited Corporate Office, Bhopal.
Contention on behalf of the petitioner is that he is
Bachelor of Art, Post Graduate Diploma in Computer
Application and Diploma in Pharmacy. But, while attached with
Shriram Institute of Technology as Technical Assistant
between September, 2007 to May, 2008, he was engaged to
work with Shri D.N. Jha, Assistant/WRC on the verbal approval
of the Regional Director of WRC w.e.f. 20.6.2008. Note sheet
dated 29.8.2008 has been filed to substantiate the
submissions. It is contended that by work allocation order
dated 26.10.2008, petitioner was treated as on daily wages.
Petitioner worked under Section Officer by an order-dated
17th/18th August, 2009. By order-dated 30.06.2011, he was
shifted to work as Data Entry Operator as contractual
employee, therefore, petitioner has been withdrawn by
impugned order and is transferred to M/s MPCON limited.
It is urged that being an employee of NCTE/WRC, the
services of the petitioner cannot be transferred to a private
company. It is also submitted that being a low paid employee
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Writ Petition No.21165/2013
the respondents are not justified in transferring the petitioner.
Thus, while seeking the quashment of impugned order dated 14.11.2013; petitioner also seeks direction to respondent NCTE to regularize his services.
Considered the submissions.
It is observed that the NCTE is a statutory body constituted under the National Council for Teachers' Education 1993. No Rules or Regulations have been commended at as would substantiate the contentions of learned Senior counsel that the engagement/appointment of the petitioner as an office Assistant and a Data Entry Operator on oral direction by the Director. Even if there is any such oral instruction, the same will not create any right in favour of the petitioner to hold a public office or be in a public employment. Be that as it may.
The material on record, however, reveals different facts. Office order-dated 17th/18th August, 2009 by Regional Director, NCTE/WRC that there are persons engaged through manpower agency in the WRC office and the petitioner is one of them who is being deployed from one section to another section. This is further established from the computer generated pay-slip issued by Manpower Agency viz, Adecco Flexione Workforce Solutions Pvt. Ltd. (Annexure P/8). It is clear from the wage slip that the petitioner is an employee of Private Manpower Agency having his PF A/c No.KN/Bn/ 34272/179227. The petitioner, thus, is not an employee of the NCTE/WRC and his services were lent by the private company :: 3 ::
Writ Petition No.21165/2013to the NCTE/WRC. The experience certificate issued by the Regional Director, Western Regional Committee, is not a recognition of the petitioner as an employee of NCTE/WRC, but is an acknowledgement of petitioner having worked with NCTE/WRC.
Thus, since the petitioner is an employee of a private company and in absence of any express order of his having been appointed in NCTE/WRC, the relief as sought for cannot be granted.
Consequently, the petition fails and is dismissed. No costs.
(SANJAY YADAV) JUDGE vinod