Madhya Pradesh High Court
Krishna Singh Kawade vs The State Of Madhya Pradesh on 15 November, 2016
WP-14774-2016(Shyam Rao Dhote and Others Vs. The State of M.P.
and Ors.)
WP No.14535/2016
(Vijay Kumar Deshmukh and Others Vs. The State of M.P. and Ors.)
WP No.14774/2016
(Krishna Kumar Kawade Vs. The State of M.P. and Ors.)
WP No.4597/2016
(Raju Uikey and Others Vs. The State of M.P. and Ors.)
15-11-2016
Shri Anubhav Jain, counsel for the petitioners.
Shri G. Kekre, GA for the respondents/State.
These petitions have been filed seeking merger of the petitioners commensurate to the post as they are holding and the post proposed for such merger under M.P. Panchyat Adhyapak Samvarg (Employees conditions of the Services) Rules, 2008.
It is contended that under Rule 5 the selection and method of appointment has been provided, whereby it is apparent that the recruitment on the post of Adhyapak shall be done by following the method and on the post as specified.
Explanation of it makes it clear that Shiksha Karmi (Grade-1) can be merged on the post and payscale of Varishta Adhyapak. Shiksha Karmi (Grade-2) can be merged on the post and payscale of Adhyapak and Shiksha Karmi Grade-3 can be merged on the post and payscale of Sahayak Adhyapak (Samvarg).
Person merged in Adhyapak Samvarg on 01.04.2007. However, while fixing his pay, he would be entitle for three year continuous service as Shiksha Karmi and also of one increment in Adhyapak Samvarg. However, date of next increment would be 01.04.2008.
In the present petitions, the claim of the petitioners who were working as Shiksha Karmi (Grade-2) and Shiksha Karmi (Grade-3) has not been merged commensurate to the post of Adhyapak or Sahayak Adhyapak Samvarg. Therefore, appropriate directions have been sought for.
After hearing learned counsel for the parties, in my considered opinion the State Government is required to consider the case of the petitioners as per the procedure so prescribed by them, completing the said exercise within four months from the date of communication of this order.
It is made clear hear that in case the petitioners are found entitle for the merger on their respective posts, it be made, otherwise, by giving an opportunity, a reasoned order be passed within the time specified.
Needless to say that if the petitioners are aggrieved by the order of the competent authority, they are at liberty to take recourse of law afresh.
With the aforesaid, the petitions stand disposed of. C.C. as per rules.
(J.K. MAHESHWARI) JUDGE Raju