Madhya Pradesh High Court
Smt. Neeta Tiwari vs The State Of Madhya Pradesh on 20 April, 2018
Equivalent citations: AIRONLINE 2018 MP 934
THE HIGH COURT OF MADHYA PRADESH
WP-8561-2018
(SMT. NEETA TIWARI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 20-04-2018
Shri S.P. Mishra, learned counsel for the petitioner.
Shri Rajesh Tiwari, learned Government Advocate for the
respondents/State.
Petitioner has filed present petition being aggrieved by the order sh dated 15.03.2018 by which the the Commissioner has directed Chief Executive Officer Jila Panchayat, Rewa to relieve the petitioner from e ad Middle School Jori to join and work in Government Middle School, Hinauta, Sirmour, District Rewa.
Pr By order dated 09.09.2015, Director of Public Education of a Madhya Pradesh has passed the order of merger by which services of hy the petitioner have been merged in Jila Panchayat and posted in the ad Middle School, Hinauta, Sirmaur, District Rewa. By way of above order services of teachers of Jila Panchayat to Janpad Panchayat and M Janpad Panchayat to Jila Panchayat have been merged.
of Petitioner relieved and gave joining in the Sankul Center No.1 Rewa, thereafter, the District Education Officer vide letter dated rt 26.10.2015 has recommended the posting of petitioner in the School ou of Middle School, Jori. According to the petitioner vide note-sheet C dated 09.09.2015 (Annexure P-5) the Collector has granted the approval and thereafter, she has been posted at the present place of h ig posting.
H A question was raised before the Legislative Assembly in respect of the posting of the petitioner in a different place. The Commissioner vide impugned letter dated 15.03.2018 has directed the Chief Executive Officer, Jila Panchayat to relieve the petitioner for joining in the Middle School, Hinauta as per order dated 09.09.2015. Hence, the present petition before this Court.
Learned counsel for the petitioner submits that District Education Officer as well as the Collector are competent to post of Assistant Teacher in any school within the territory of Jila Panchayat. Once the services of the petitioner have been merged in the services of Jila Panchayat, Sidhi, thereafter, she can be posted in any of the school within the Panchayat. Hence, impugned order is liable to be set aside.
By order dated 09.09.2015, Directorate of Public Education has posted the petitioner in the Middle School, Hinauta after merging of her service in Jila Panchayat then, the petitioner is required to work in the said school.
According to the petitioner, at Hinauta posts of teachers are not available for a particular subject and she would be declared surplussed there. This fact is liable to be considered by the Commissioner who has passed the impugned order as well as the order dated 15.03.2018.
sh Therefore, the petition is disposed of with the direction to the e Commissioner to decide the pending representation dated 07.04.2018 ad in accordance with law. While deciding the representation, the Pr Commissioner shall consider that whether after merger in to the Jila Panchayat she can be transferred by the Collector or District a Education Officer. The entire exercise be completed within 30 days.
hy Meanwhile, the status-quo be maintained till decision taken by ad Commissioner.
M With the aforesaid direction, petition stands disposed of.
of (VIVEK RUSIA) JUDGE rt ou C h pnm ig Digitally signed by POONAM LONDHE Date: 2018.04.24 23:11:30 -07'00' H