Madhya Pradesh High Court
Bhupendra Mani Tripathi vs The State Of Madhya Pradesh on 18 May, 2018
Equivalent citations: AIRONLINE 2018 MP 361
HIGH COURT OF MADHYA PRADESH : JABALPUR
SINGLE BENCH : JUSTICE MS.VANDANA KASREKAR
Writ Petition No.7850/2012
Bhupendra Mani Tripathi and Others.
Vs.
State of M.P. and Others
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Shri V.P. Singh, learned counsel for the petitioners.
Shri Rohit Jain, learned Government Advocate for the
respondents No. 1 to 5/State.
Shri D.K. Tiwari, learned counsel for respondent no.6, 7
and 8.
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Writ Petition No.7849/2012
Sankat Mochan Mishra.
Vs.
State of M.P. and Others
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Shri V.P. Singh, learned counsel for the petitioners.
Shri Rohit Jain, learned Government Advocate for the
respondents No.1 to 5/State.
Shri D.K. Tiwari, learned counsel for respondent no.6.
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Writ Petition No.16217/2013
Virendra Singh
Vs.
State of M.P. and Others
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Shri Ashok Singh, learned counsel for the petitioners.
Shri Rohit Jain, learned Government Advocate for the
respondents No.1 to 3/State.
Shri D.K. Tiwari, learned counsel for respondent no.4.
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2 W.P. No.7850/2012
ORDER
(18/05/2018) All these petitions involved common question of law and facts, therefore, they are being disposed of by a common order. For the sake of brevity, facts is taken from writ petition no.7850/2012 which are as follow:-
2. The petitioners have filed the present petition challenging the orders dated 28.11.2011, 21.03.2012 and 17.03.2012 passed by respondent no.2 and 5.
3. The petitioners are initially appointed on the post of Guruji in District Rewa. The State Government has issued a circular dated 17.04.2008 in which a decision was taken to appoint the Guruji and Aupcharikettar Teacher as Samvida Shikshak, after conducting an examination to be held by VYAPAM and those candidates who qualified the said examination would be appointed as Samvida Shikshak.
The petitioners have qualified the said selection process and examination held under M.P. Panchayat Samvida Shala Shikshak (Employement and conditions of Contract) Rules, 2005. The condition to hold the qualification of candidate 3 W.P. No.7850/2012 by circular dated 26.09.2008 was quashed by the Division Bench in W.P. No.6268/2009 and various other cases. In light of the aforesaid judgment passed by the Division Bench, the petitioners have filed a writ petition praying for direction to the respondents to consider their case in light of the order passed by the Division Bench in accordance with the Rule 6(5) of the Rules 2005 and take a decision to appoint the petitioners as Samvida Shala Shikshak Grade- III. The said writ petitions were disposed of vide order dated 07.05.2011 and various writ petitions filed by the petitioners thereby directing the respondents to take a decision with regard to the appointment of the Samvida Shala Shikshak Grade-III and communicate the decision to the petitioners within a period of 30 days.
4. In compliance of the direction issued by this Court, respondent no.4 has passed an order dated 10.01.2012 thereby absorbing the services of the petitioners as Samvida Shala Shikshak Grade-III and vide order dated 09.02.2012 granted them the pay scale of Sahayak Adhyapak Cadre. Some of the Guruji have filed a writ petition before the Gwalior Bench of this court claiming the 4 W.P. No.7850/2012 pay scale of Assistant Teacher/Shiksha Karmi Grade-III on the basis of "equal pay equal work", relying on the judgment passed in W.A. No.596/2010 (Gopal Chawla and Others Vs. State of M.P.) in which the Division Bench of this Court has passed an order dated 15.12.2010 relying on the decision of the Division Bench in W.A. No.596/2010, thereafter the Panchayat and Rural Development of the State Government has issued a circular dated 28.11.2011 framing therein the certain conditions for appointment the Guruji and acting upon the said policy, the respondents have issued a notice to the petitioners on 01.03.2012 for cancellation of their absorption as Sahayak Adhyapak and they were directed to file the reply. Without considering the reply submitted by the petitioners, respondent no.5 has passed an order dated 21.03.2012 thereby held that the petitioners are ineligible to receive the pay scale of the post of Samvida Shala Shikshak/Shikshak Karmi/Sahayak Adhyapak.
5. Respondents have filed their reply and submits that in view of the decision passed by the Gwalior Bench of this Court in Writ Appeal No. 596/2010 the Government 5 W.P. No.7850/2012 has passed an order dated 28.11.2011 the the Guruji working on honorarium are not entitled to the same pay scale as are applicable to Samvida Shala Shikshak/Shiksha Karmi and Assistant Teacher. The said order has been issued by the State Government in pursuance of the directions issued by the Division Bench of this Court as well as the Hon'ble Supreme Court in the case of Uttar Pradesh land Development Corporation and others. Respondents have further stated that the petitioners were absorbed on the post of Samvida Shala Shikshak Grade-III vide Annexure P-7 and thereafter vide another order dated 09.02.2012 (Annexure P-8) they were fixed in the scale of Rs.3000-5000 as applicable to Assistant Teacher. The said orders were issued mistakenly against the order dated 28.11.2011 (Annexure P-9), therefore, a show cause notice was issued to the petitioners. The petitioners have filed their reply to the said show cause notice. The reply of the petitioners were taken into consideration but same was not found satisfactory and, therefore, the impugned order has been passed.
6. Learned counsel for the petitioner argues that 6 W.P. No.7850/2012 the orders impugned dated 28.11.2011, 21.03.2012 and 17.03.2012 are illegal and arbitrary. He submits that the petitioners were appointed on the post of Samvida Shala Shikshak after qualifying the examination held by the VYAPAM. The condition to hold the qualification of the candidate by circular dated 26.09.2008 has been quashed by the Division Bench of this Court in W.P. No.6268/2009 and various other cases. The petitioners have also filed a writ petition praying for direction to consider their case and in light of the order passed by the Division Bench of this Court, this Court has issued a direction to the respondents to take a decision to appoint the petitioner on the post of Samvida Shala Shikshak Grade-III. In pursuance of the directions issued by this Court, the services of the petitioners were absorbed as Samvida Shala Shikshak Grade-III on 10.01.2012. Some of the Guruji had filed a writ petition before the Gwalior Bench of this Court claiming the same pay scale which is payable to the Assistant Teacher/Samvida Shala Shikshak Grade-III on the basis of "equal pay equal work", the said writ petition was dismissed thereafter a writ appeal was preferred by the 7 W.P. No.7850/2012 petitioners in which the Division Bench of this Court has passed an order dated 15.12.2010. Relying on the decision passed by the Division Bench, the State Government has issued an order dated 28.11.2011 thereby lying down certain conditions for appointment of the Guruji. Learned counsel for the petitioner submits that the said judgment passed in the case of Gopal Chawla (supra) by this Court is not applicable in the case of the petitioners and the petitioners were duly absorbed on the post of Samvida Shala Shikshak. In pursuance of the order passed by this Court and the petitioners have not claimed any relief for "equal pay equal work" and, therefore, the judgment passed in the case of Gopal Chawla (supra) would not be applicable in the case of the petitioners. Relied on the judgment, respondents have passed the impugned order which is illegal and arbitrary and, therefore, deserves to be quashed.
7. Heard learned counsel for the parties and perused the record. The petitioners were initially appointed on the post of Guruji. The State Government has issued a circular dated 17.04.2008 in which a decision has been 8 W.P. No.7850/2012 taken to appoint the Guruji/Aupcharikettar Teacher as Samvida Shala Shikshak after conducting an examination to be held by the VYPAM and those candidates who passed the said examination would be appointed as Samvida Shala Shikshak. The condition to hold the examination by the candidate in pursuance of the circular dated 26.09.2008 was quashed by Division Bench of this Court in a writ petition no.6268/2009. In light of the judgment passed by the Division Bench of this Court, the petitioners have filed a writ petition praying for direction to the respondents to consider their case. The said writ petition was disposed of vide order dated 07.05.2011 thereby directing the respondents to take a decision with regard to the appointment of the petitioners as Samvida Shala Shikshak Grade-III within a period of 30 days. In compliance of the directions issued by this Court, respondent no.4 has passed an order dated 10.01.2012 thereby absorbing the services of the petitioners as Samvida Shala Shikshak Grade-III and thereafter vide order dated 09.02.2012 has granted them a pay scale of Sahayak Adhyapak cadre. In the meanwhile, some of the Guruji's have been filed writ petition before the 9 W.P. No.7850/2012 Gwalior Bench of this Court claiming pay scale of the Assistant Teacher/Shiksha Karmi on the basis of "equal pay equal work". Relying on the judgment passed in writ appeal no.596/2010 in the case of Ghopal Chawla (supra). This writ appeal was disposed of in pursuance of the directions issued by the Division Bench of this Court. The State Government has issued a circular dated 28.11.2011 lying down certain conditions for appointment on the post of Guruji and, therefore, in pursuance of the said circular a show cause notice was issued to the petitioner on 01.03.2012 for cancellation of their absorption as Sahayak Adhyapak and they were directed to file reply. Accordingly, petitioners filed their reply, however, without considering the reply, an impugned order has been passed.
8. From the perusal of the record it reveals that the order passed by the Division Bench of this Court in the case of Gopal Chawla (supra) relates to the "equal pay equal work" on the post of Guruji. In the present case, the petitioners have been appointed on the post of Samvida Shala Shikshak Grade-III in pursuance of the directions issued by this Court and they have been absorbed on the 10 W.P. No.7850/2012 post of Sahayak Adhyapak on 09.02.2012 as per the rules and, therefore, the judgment passed by this the Division Bench of this Court in the case of Gopal Chawla (supra) would not be applicable.
9. Thus, the respondents have illegally passed the impugned order thereby cancelling their absorption on the post of Sahayak Adhyapak. It is further to be seem that earlier the writ petition was filed by the petitioners for absorption of his services on the post of Sahayak Adhyapak and he has not claimed an equal pay which is payable to the Sahayak Adhyapak. Thus, the respondents have wrongly interpreted the order of Gopal Chawla (supra) in case of the petitioners. The petitioners are appointed on the post of Sahayak Adhyapak on having qualified the selection process conducted in light of the judgment in W.P. No.1075/2009 and also the circular dated 17.04.2008 and circular dated 13.03.2012 and, therefore, the orders impugned are illegal and, therefore, deserves to be quashed.
10. Accordingly, writ petitions are allowed and the impugned order dated 28.11.2011 so far as it relates to the 11 W.P. No.7850/2012 petitioners and also the order dated 21.03.2012 passed by respondent no.5 and order dated 17.03.2005 (Annexure P-
3) are hereby quashed and the respondents are directed to continue the petitioners to work on the post of Sahayak Adhyapak.
(Ms. Vandana Kasrekar) Judge Tabish Digitally signed by MOHAMMAD TABISH KHAN Date: 2018.05.18 17:14:37 +05'30'