Madhya Pradesh High Court
Amrita Jyotishi vs The State Of Madhya Pradesh on 10 July, 2025
1 WP-25967-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 10th OF JULY, 2025
WRIT PETITION No. 25967 of 2022
AMRITA JYOTISHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Jagdamba Bux Singh - Advocate for the Petitioner.
Shri Yogesh Dhande -Government Advocate for the Respondent/State.
ORDER
The present petition has been filed seeking the benefit of Old Pension Scheme under M.P. Civil Services Pension Rules, 1976 to the Petitioner. The husband of the petitioner was appointed as Samvida Shala Shikshak Varg III and he expired on 30.12.2021.
2. The case of the petitioner is that the husband of the petitioner since has expired while in harness, therefore, the petitioner is entitled to family pension as per Old Pension Scheme under the Rules of 1976 whereas the respondents have agreed to process the claim of petitioner for family pension under National Pension Scheme (NPS for short) as the husband of the petitioner was member of NPS. Therefore, the sole issue is that whether the petitioner is entitled to get family pension under NPS or under the Rules of 1976.
3. Learned counsel for the petitioner relies on Circular issued by the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 2 WP-25967-2022 Government of India, Ministry of Personnel, Public Grievances and Pension Annexure P-10 dated 05.05.2009 as well as Circular dated 13.04.2005 Annexure A-2 to submit that the petitioner would remain covered under the Rules of 1976 and the coverage under NPS is not valid for the purpose of family pension. However, it is seen that the issue has already been decided by judgment of coordinate bench of this Court in Writ Petition No.10444/2020 and Writ Petition No.31272/2024.
4. A co-ordinate bench in Writ Petition No.10444/2020 has passed the following Order:-
"These bunch of petitions raises a common issue that petitioners who were initially appointed as Shiksha Karmi/Samvida Shala Shikshak, who were later on absorbed in the cadre of Adhyapak w.e.f. 01.04.2007, have become Government servants with formation of Rajya Shaikshnik Samvarg in the year 2018, which has three tier system of Prathmik Shikshak i.e. Primary Teacher, Madhyamik Shikshak i.e. Middle Teacher and Uchcha Madhyamik Shikshak i.e. Higher Secondary School Teacher.
2. It is submitted that since petitioners have become Government servants, they are entitled to the benefit of the Madhya Pradesh Civil Services (Pension) Rules, 1976, which was applicable to all the employees of the State Government, who were appointed prior to 01.04.2005. It is submitted that since petitioners were appointed prior to 01.04.2005, therefore, on their merger with the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 3 WP-25967-2022 State Government, they are entitled to the Old Pension Scheme.
3. Writ Petition No.10444/2020, Tribal Welfare Teachers Association Vs. State of Madhya Pradesh is taken as lead case and all the documents referred to herein, will be the documents from this petition.
4. Shri K.C. Ghildiyal, learned Senior Advocate, submits that Madhya Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997, were framed by the State Government in the year 1997. Some of the petitioners were appointed under those Rules and some others under the Samvida Shala Shikshak (Appointment and Conditions of Contract) Rules, 2001.
5. It is submitted that thereafter Madhya Pradesh Panchayat Adhyapak Samvarg (Employment and Conditions of Services) Rules, 2008, were brought into force as are contained in Annx.P/5, and there was a Scheme that Shiksha Karmi Grade-III, will be absorbed as Sahayak Adhyapak, Shiksha Karmi Grade-II as Adhyapak and Shiksha Karmi Grade-I as Varishth Adhyapak. Analogous provisions were made with regard to the Rules of 2001. Thereafter, in the year 2018, Rajya Shaikshanik Samvarg has been prepared and came in force and now there is a common cadre, namely, Rajya Shaikshanik Samvarg.
6. Petitioner's contention is that after becoming part of Rajya Shaikshanik Samvarg, they are entitled to be treated Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 4 WP-25967-2022 retrospectively from the date of their initial appointent to be members of the State Civil Service entitling them to the benefits as are admissible to the civil servants under the Madhya Pradesh Civil Services (Pension) Rules of 1976 and to support this submission, reliance is placed on Section 51 of Madhya Pradesh Panchayat Rajya Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as Act of 1993 for short).
7. Reading from Section 51 of the Act of 1993, it is submitted that the State Government has been given authority to entrust to a Janpad Panchayat or Zila Panchayat functions in relation to any matter in which the executive authority of the State Government extends or in respect of functions which have been entrusted to the State governmnt by the Central Government and the Janpad Panchayat or Zila Panchayat shall be bound to perform such functions. It shall have necessary powers to perform such functions.
8. Reading Sub-section (2) of Section 51 of the Act of 1993, it is pointed out that since the functions which are entrusted to a Janpad Panchayat or Zila Panchayat under Sub-section (1), the concerned Zila Panchayat or Janpad Panchayat has to act as an agent of the State Government and they are to be paid by the State Government such sum as may be deemed necessary for discharging the functions entrusted to it under this Section. Therefore, in view of the provisions contained in sub-section (4) Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10
5 WP-25967-2022 of Section 52 of the Act of 1993, where, there is a provision for general control of the State Government or any other authority appointed by it, it is submitted that de facto petitioners have been employees of the State Government and, therefore, they are entitled to count for all the benefits which accrued to a civil servant under the State.
9. In this backdrop, petitioners are challenging the action of the respondents in keeping them under the fold of the NPS managed by National Security Depository Limited, which is a contributory Pension Scheme floated by the State Government for those who have been appointed in the services of the State after 01.04.2005.
10. Reliance is also placed on a judgment of the Coordinate Bench of this High Court Bench at Indore in Writ Petition No.2634/2020, decided on 03.10.2023, where the issue was that whether the employees of Gram Panchayat, Janpad Panchayat and Zila Panchayat are to be treated at par with the State Government employees in respect of date of implementation of recommendations of the 6th Pay Commission and ancillary issue was under which authority, the State Government is competent to fix the date of implementation for the members of Panchayat services.
11. Petitioners' contention is that since these schools were handed over by the Government to the respective Panchayats, they did not lose their original character of the Government institutions.
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12. Reading extensively from said judgment of Indore Bench, it is pointed out that a Coordinate Bench of this High Court placing reliance on the judgment of Supreme Court in State of Gujrat Vs. Ramanlal Keshavlal Soni [(1983) 2 SCC 33], held that when personals are drawn from different sources, namely, Government departments, as well as, the local authorities or municipalities merged together to constitute a single integrited civil services under the State by a legislative enactment, would become the State Government employees irrespective of their original status. The question was answered in the affirmative.
13. It is submitted that in this very judgment of Ramanlal (supra), it was noted that the Panchayat service in Gujrat constituted under Section 203 of the Gujrat Panchayat Act, 1962, was a civil service of the State and members of the service were Government servants and taking that anology, Hon'ble Coordinate Bench of this Court at Indore in Writ Petition No.2634/2020, in view of the fact that the State of Madhya Pradesh has control to make rules and regulations for recruitment in Panchayats, and the servies provided to the citizens residing within a rural area, the Panchayats are constituted under Article 243-B of the Constitution, therefore, those benefits which the State Government provides to all citizens of Madhya Pradesh to various departments by recruiting employees, the same facility/services have been given by the Panchayat through its employees, held that the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 7 WP-25967-2022 employees of Panchayats are also public servants and State Government employees. Thus, it is submitted that though petitioners were initially appointed under the provisions of the Madhya Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997, but since initially the State Government run schools were handed over to the Panchayats, the effective and actual control being that of the State Government, they all will be treated to be the State Government servants.
14. Shri Amit Mishra, learned Panel Lawyer for the State in his turn, submits that petitioners are not entitled to any of the relief claimed by them. He admits that the reply filed in this petition is cryptic and does not answer any of the issues raised by the petitioners directly, but at the same time, he leaves no stone unturned to defend the action of the State on the ground that by no stretch of imagination, employees of Panchayat can be termed to be Government employees and even if, they are merged with the State Government as has been sought to be made out by Shri Ghildiyal, Sr. Advocate, referring to the provisions of some Scheme of 2018, by which Rajya Shaishanik Samvarg has been created, but that being after 01.04.2005, they will be still governed by the NPS and not by the Pension Rules, 1976.
15. After hearing learned counsel for the parties, first issue is that as far as order of the Coordinate Bench passed in Writ Petition No.2634/2020, is concerned, that has been stayed by a Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 8 WP-25967-2022 Hon'ble Division Bench of this Court vide order dated 04.12.2023 in Writ Appeal No.2182/2023.
16. Secondly, on facts of the case which are narrated and reliance on the judgment of Supreme Court in case of Ramanlal (supra), it is evident that those facts are distinguishable from the facts of the present case. In that case, Panchayat service was constituted under Section 203 of the Gujrat Panchayats Act, 1962 as a Civil Service under the State. That being the distinctive factor, because in the present case, the Rules of 1997, categorically provides that in exercise of the powers conferred by Clause (b) of Sub-section (1) of Section 53, Sub-section (1) of Section 70 read with Sub-section (1) of Section 95 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, the State Government makes the following Rules, namely, Madhya Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997.
17. Definition Clause-2, Shiksha Karmi is defined under Section 2(h) to mean a person appointed by a Zila Panchayat or Janpad Panchayat as the case may be for teaching in the schools under their control. Rule 5, deals with methods of selection and recruitment and Sub-rule (8) of Rule 5 provides that the selection committee shall be constituted consisting of members as specified in Schedule-II by the Zila Panchayat or the Janpad Panchayat as the case may be. Then the procedure has been given in Sub-rule (9) as to how suitability of the candidates will be assessed and Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 9 WP-25967-2022 marks will be given. These appointments are to be made on probation for a period of three years as is provided under Rule 7.
18. Rule 9 of Rules of 1997, provides that discipline and control will be that of the Zila Panchayat or Janpad Panchayat as the case may be. The General Administration Standing Committee of the Zila Panchayat or Janpad Panchayat as the case may be, shall be the disciplinary authority for major punishment and the Chief Executive Officer of the Panchayat for the minor punishment. Thus, it is evident that nowhere these rules provide for constituting a service under the State Government. A distinct service has been created under the Rules of 1997, which continued in a different form in the name of Panchayat Samvida Shala Shikshak (Appointment and Conditions of Contract) Rules, 2001. Thus, this being the difference and, therefore, the law laid down in case of Ramanlal (supra) has no application to the facts and circumstances of the case.
19. As far as the M.P. Civil Services Pension Rules, 1976, is concerned, Rule 2 provides that these rules shall apply to every Government servant appointed to civil services and post in connection with the affairs of the State of Madhya Pradesh and who are borne on establishment not declared as non-pensionable. Thereafter, it is provided in Rule 2 itself that these rules, shall not apply to :-
(a) persons in a work-charged establishment;Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10
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(b) persons in casual and daily rated employment;
(c) persons paid from contingencies;
(d) persons entitled to the benefit of Contributory Provident Fund;
(e) persons employed on contract except when the contract provides otherwise; and
(f) persons whose terms and conditions of service are regulated by any other rules for the time being in force.
(g) Government servants appointed on or after 1st January, 2005 to the services and posts in connection with the affairs of the State, either temporarily or permanently.
20. Thus, it is evident that Clause (e) of Rule 2, provides that persons employed on contract except when the conract provides otherwise are not covered under the M.P. Civil Services (Pension) Rules, 1976. Thus, admittedly, when petitioners were appointed on contract under the provisions of Madhya Pradesh Panchayat Shiksha Karmi (Recruitment and conditions of Service) Rules, 1997, and thereafter under the Rules of 2001 meant for Samvida Shala Shikshak, then they are not covered by the Rules of 1976. Even otherwise, if petitioners were to contend that they are covered by the Rules of 1976, then they should have agitated this matter in the year 1997 or soon after their appointment, inasmuch as, Clause (f) of Rule 2, provides that persons whose terms and conditions of service are regulated by any other rules for the time Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 11 WP-25967-2022 being in force, shall be excluded from the operation of the M.P. Civil Services (Pension) Rules. Thus, admittedly, these Rules of 1976, have no application to the facts and circumstances of the case.
21. Reliance of the Coordinate Bench on the provisions contained in Article 243-B, 243-C etc. is concerned, Article 243- D, defines a Panchayat as an institution of self Government constitued under Article 243-B for the rural areas.
22. Article 243-B, deals with constitution of Panchayats. It provides; (1) there shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this part.
23. Article 243-C deals with composition of Panchayats and provides that subject to provisions of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats: provided that the ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
24. Article 243-G, deals with powers, authority and responsibilities of Panchayats. It provides that subject to the provisions of the Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:1012 WP-25967-2022 government and such law may contain provisions for the devolution of powers and responsbilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to -
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters enlisted in the Eleventh Schedule.
25. Thus, a plain reading of Article 243-G, makes it abundantly clear that mere delegation of certain powers and authority to enable them to function as insitutions of self-government will not take away the atonomy of the Panchayat Raj institutions and they will still be autonomous in the matter of preparation of plans for economic development and social justice as may be entrusted to them.
26. Thus, when this autonomy is considered in view of the provisions contained in Article 243-I, which deals with constitution of a Finance Commission to review financial position and Article 243-J, which deals with audit of accounts of Panchayats, leaves no iota of doubt that though some grants or consideration may be rolled out to the Panchayats by the State Government, but their financial autonomy was sought to be kept Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 13 WP-25967-2022 intact by the framers of the Constitution and in that view, it cannot be said that the Panchayat have subrogated their authority and have merged their identity with the State government. Since their identity is not merged with that of the State Government, their employees cannot seek to get their identity merged with the State Government so to seek the benefit of pension.
27. When all these aspects are examined, then in terms of the provisions contained in Madhya Pradesh Adhyapak Samvarg (Employment and Conditions of Service) Rules, 2008, it is evident that Adhyapak Samvarg has been defined in Clause 2(f), as the person employed or merged by the Zila Panchyat or Janpad Panchayat for teaching in the schools under their control.
28. Similarly, Section 2(g), defines Shiksha Karmi as a person appointed for teaching by the Zila Panchayat or Janpad Panchayat, as the case may be, under the Madhya Pradesh Panchayats Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997. Similarly, Section 2(h), defines Samvida Shala Shikshak to mean a person employed/appointed by Zila Panchayat or Janpad Panchayat as the case may be, under the Madhya Pradesh Panchayat Samvida Shala Shikshak (Conditions of Employment and Contract) Rules, 2005, for teaching in the schools under their control. These three definitions leave no iota of doubt that Shiksha Karmi or Samvida Shala Shikshak or Adhyapak Samvarg is a category of persons which were meant for teaching in the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 14 WP-25967-2022 schools under the control of Zila Panchayat or Janpad Panchayat. They are not under the control of the State Government and by no stretch of imagination, they can be said to be the civil servants in terms of the definition of Civil Servants given in the Fundamental Rules 2 & 3.
29. Fundamental Rule -2, provides that the Fundamental Rules apply to all Government servants whose pay is debitable to civil estimates in India. In the present case, pay and allowances of a Panchayat Shiksha Karmi or a person belonging to Adhyapak Samvarg or Samvida Shala Shikshak, is not debitable to civil estimates in India or of the State, therefore, they are not amenable to the Fundamental Rules of the State. Therefore, they being not a civil servant, Pension Rules of 1976 will not be applicable to them.
30. In view of such facts, even if, their merger in the year 2018 is taken to be with the State Government as canvassed by Shri Ghildiyal, Sr. Advocate, but for which no material is brought on record, still by virtue of the opleration of the provisions contained in clause 2(g) of the M.P. Civil Services (Pension) Rules, 1976 as inserted vide order dated 02.04.2005, even if hypothetically petitioners are treated to be a Government servants, for which there is no material on record, still they will not be governed by the Pension Rules of 1976 and, therefore, their claim for grant of pension under the Rules of 1976, cannot be accepted.
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31. Accordingly, petitions fail and are dismissed."
5. This Court in Writ Petition No.31272/2024 has decided the issue in detail and has held as under :-
"31. Initially, the teachers were appointed in the School Education Department of the State Government but in the year 1997, the State Government came out with rules to appoint Shiksha Karmis and different rules were framed for appointing Shiksha Karmis and placing their services under urban local bodies and under panchayats. It was a very interesting system because the schools were run by the School Education Department under the control of authority of School Education Department and under Sarva Shiksha Abhiyaan, which is also a project of School Education Department but the teachers working therein were by a legal fiction, employee of Panchayats or Urban Local Bodies. For panchayats, the Shiksha Karmis were appointed in accordance with M.P. Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997. Thereafter, the said rule was succeeded by M.P. Panchayat Samvida Shala Shikshak (Appointment and Conditions of Service) Rules, 2001 and in the year 2005, these rules were superseded by M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Service) Rules, 2005. By the said Rules of 2001 and 2005, the teachers continued to be appointed in the Panchayats and Urban Local Bodies by framing separate set of rules for the purpose and they Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 16 WP-25967-2022 were now converted into contractual employees and all the appointments made after the year 2001 were made on the post of Samvida Shala Shikshak Grade-I (for Higher Secondary/High School), Grade-II (for Middle) and Grade-III (for Primary). The said system continued upto 2008 and in the year 2008, the State Government came out with Rules to absorb such Shiksha Karmis and Samvida Shala Shikshaks in regular cadre known as Adhyapak cadre. For Panchayats, Rules were framed known as M.P. Panchayat Adhyapak Samvarg (Employment and Conditions of Service) Rules, 2008 and for urban local bodies, the rules were framed known as M.P. Nagriya Nikay Adhyapak Samvarg (Employment and Conditions of Service) Rules, 2008.
32. Under the Rules of 2008 framed separately for Panchayats and Urban Local Bodies, the Shiksha Karmis and Samvida Shala Shikshak were absorbed in teacher cadre of urban local bodies and panchayats respectively. The said rules were parimateria and the Division Bench in WA No.2358/2024 has considered the provisions of Teaching Cadre Rules of 2008 for Urban Local Bodies and similar provisions are there in the rules of Panchayat also. As per Rule 2(b) of the Rules, the appointing authority is defined as one specified in schedule-I which is Chief Executive Officer of Jila Panchayat and as per Rule 5(1) one of the methods of recruitment in service is by merger of Shiksha Karmis and of Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 17 WP-25967-2022 Samvida Shala Shikshaks Grade-I, Grade-II and Grade-III on the post of Varishth Adhyapak, Adhypak and Sahayak Adhyapak respectively. As per note to Rule 8, persons employed or merged under the Teaching Cadre Rules, 2008 would be entitled for similar leaves as regular teachers of School Education Department. They will be having superannuation age of 62 years and would be covered under to M.P. Panchayat Services (Conduct) Rules, 1998 and were also held entitled to Dearness Allowance and other allowances payable as notified by the State Government from time to time.
33. The aforesaid provisions have already been interpreted by Division Bench in Writ Appeal No.2358/2024 in respect of Urban Local Bodies and it has been held that in all respect they became the regular employees of urban local bodies and in similar manner, the respondent No.1 herein, for all practical purposes became a regular employees of Jila Panchayat.
34. Upon having become a regular employee of Jila Panchayat, the respondent No.1 undisputedly became subject to all the service conditions of Jila Panchayat and became entitled to count his services for the purpose of gratuity from the date of initial appointed as Samvida Shala Shikshak/Shiksha Karmi and further to be covered under Contributory Pension Scheme or National Pension Scheme at par with employees of Janpad Panchayat and Jila Panchayat.Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10
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35. The issue of applicability of M.P. Civil Services Pension Rules 1976 to teachers absorbed in Panchayats in Adhyapak Cadre, and subsequently in the regular Cadre as per Rules of 2018, was recently decided by a coordinate Single Bench of this Court at Jabalpur in Tribal Welfare Teachers Association Vs. State of Madhya Pradesh &Ors, (WP No. 10444/2020, decided on 01.3.2024). It has been held that such Teachers who were appointed and absorbed in Panchayats before coming under direct fold of the State as per Rules of 2018, will not be covered under Pension Rules of 1976. In the said case, challenge to the circular No. F 1-16/2009/20-1dated 05.5.2011 issued by the School Education Department in name of the Governor, was rejected, whereby all Adhyapaks absorbed in Adhyapak Cadre as per Rules 2008 were covered under contributory Scheme of National Pension Scheme (NPS). Therefore, the said coverage will continue and has not been affected for the Teachers initially appointed and absorbed under the Panchayats.
36. So far as the heavy reliance framed on Rule 18(2) of Rules of 2018 is concerned. The option was taken from respondent No.1 in terms with the aforesaid Rule 18(2). Rule 18(2) is as under:
"18(2) The members of the Adhyapak Cadre appointed into this service as per sub-rule (1), (2) and (3) of Rule 5 shall not be entitled to get pay scales, allowances and schemes with respect to this service before the commencement of these rules.
37. From a bare language of Rule 18(2), it is clear that the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 19 WP-25967-2022 members of Adhyapak Cadre appointed into this service as per Rule 5 shall not be entitled to get pay scales, allowances and schemes with respect to 'this service' before the commencement of these rules. Thus, by a plain language, the employees absorbed in accordance with the Rules of 2018 in the service of School Education Department would not be entitled to get the pay scales, allowances and schemes as per the pay scales notified in the Rules of 2018 prior to their absorption. No other rights of the absorbed teachers are affected by the school. The contention of the State that since these are the employees of Jila Panchayat, they cannot seek gratuity from Jila Panchayat and since they spent less than 5 years in State Government, they cannot seek gratuity from the State Government. It is a very strange argument made by the State Government which is expected to be model employer and expected to lay down examples of other employers rather than to act a thrifty and miser businessman. By no stretch of imagination, vested right to claim Gratuity can be termed as "pay-scale, allowance or scheme" so as to interpret Rule 18 (2) to infer extinction of right to Gratuity.
38. It is settled in law that upon absorption, the employees would have continuity of service conditions and even looking to the ground raised by the StateGovernment that the same service condition would continue then also the Adhyapaks taken over from Panchayats in accordance with Rules of 2018 which are to Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 20 WP-25967-2022 be continued to be covered under the payment of Gratuity Act, 1972 so also the Contributory Pension Scheme or National Pension Scheme for which they were entitled under the services of Panchayat and in terms of circular dated 05.5.2011, though the Pension Rules may not have been applicable to Panchayat employees.
39. Therefore, nothing is there in Rule 18(2) to deny the benefit of gratuity to the respondent No.1 by calculating his services from the date of initial appointment as Shiksha Karmi/Samvida Shala Shiksha till his eventual superannuation from the service of the State Government after having been absorbed in accordance with Rules of 2018. The previous rules would continue to apply and therefore, the employees would continue to cover under Gratuity Act, 1972 as well as the Provident Funds Scheme as applicable to regular employees of Jila Panchayat and Janpad Panchayat.
40. Consequently, holding the respondent No.1 entitled to gratuity in terms of payment of Gratuity Act, 1972, no error is found in the impugned order Annexure P/1 passed by the Controlling Authority. The petition being devoid of merits stands dismissed.
41. Let the order of controlling authority be complied with within a period of one month from the date of production of copy of this order, failing which the respondent employee shall be Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 21 WP-25967-2022 entitled to initiate such proceedings as are permissible under law to get the said order and this order complied.
42. As to appreciate the arguments of the petitioner's counsel, the entire entitlement of the respondent No.1 to Pension, Provident Fund and Gratuity had to be considered and he has been found entitled to provident fund at par with regular employees of Panchayat, therefore, it is clarified that by this order, the right of the respondent No.1 to claim the benefit of contributory provident fund at par with whatever scheme is applicable to regular employees of panchayat from the date of initial appointment as Shiksha Karmi/Samvida Shala Shikshak till his eventual superannuation from the service of State Government, shall not be affected in any manner and shall remain intact. This also be done within a period of two months from the date of production of copy of this order."
6. The husband of the petitioner was admittedly appointed as Sanvida Shala Shikshak Varg III by the petitioner before 01.01.2005 but he was regularized in Govt. service in 2018 only in terms of M.P. School Education (Teacher Cadre) Rules, 2018 w.e.f.01.07.2018. It is admittedly a date later to 01.01.2005.
7. Learned counsel for the petitioner vehemently relied on document Annexure P-10 filed with I.A.No.10023/2024 to submit that the Govt. of India has held that the members of New Pension Scheme would be given certain benefits as per part 5 of the said Office Memo issued on 05.05.2009 Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 22 WP-25967-2022 by the Ministry of Personnel Public Grievance and Pensions.
8. Upon perusal of the said Office Memorandum, it is evident that the National Pension Scheme then known as New Pension Scheme, has been notified by the Ministry of Finance, Department of Economic Affairs vide O.M. dated 22.12.2003 whereas the Circular in question has not been issued by the Ministry of Finance, GOI so as to cover all the Members of NPS but has been issued by the Ministry of Personnel, Public Grievances and Pensions, Government of India and its coverage is limited only to the Civil Servants of the Govt of India.
9. The husband of the petitioner who claims to be a Civil servant under Government of Madhya Pradesh is clearly not covered by the Office Memorandum issued by Department of Pension and Pensioner Welfare, Ministry of Personnel, Government of India. Therefore, the reliance on Circular/O.M. dated 05.05.2009 (Annexure P-10) is utterly misplaced.
10. Learned counsel for the petitioner in same breath relied to various other Circulars issued by same Department of Govt. of India placed on record as Annexure P-9. However, those also would apply to Civil servants under Govt. of India and not to Civil servants under Government of Madhya Pradesh. If there had been a modification in the NPS itself by the Ministry of Finance, then it could have been argued that the modification circular would apply across the board to all the Members of NPS. Once a particular employer who has covered some of its employees under NPS grants a particular relaxation or benefits to its employees continuing coverage under OPS, it will not spill over to other employers and would remain restricted to Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10 23 WP-25967-2022 the said employer only.
11. Learned counsel for the petitioner at this stage also referred to document Annexure R-2 which is a Circular dated 13.04.2005 issued by the Govt. of India mentioning that as a provisional measure the employees appointed after 01.01.2005 are being covered under NPS. The said Circular does not come to rescue of the petitioner in any manner because the amendment in Civil Services Pension Rules 1976 still stands and if the petitioner would not want coverage under the Circular dated 13.04.2005 then she would remain nowhere. The said Circular extends the benefit of NPS to employees appointed after 01.01.2005 and the said Circular in fact enabled the husband of the petitioner to be covered under NPS.
12. Accordingly, finding no ground to interfere in the matter and taking a different view as already taken by this Court in Writ Petition No.10444/2020 and Writ Petition No.31272/2024, the petition is dismissed.
13. The petitioner would be always at liberty to submit requisite form to take benefit of family pension under NPS.
(VIVEK JAIN) JUDGE veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 15-07-2025 14:04:10