Madhya Pradesh High Court
Smt Keshar Bai Saini vs The State Of Madhya Pradesh on 6 April, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE : HON'BLE SHRI JUSTICE VIVEK AGARWAL
ORDER RESERVED ON : 24.1.2022
ORDER PRONOUNCED ON : 6.4.2022
WRIT PETITION No. 5273 of 2016
Between:-
A.V. GOURY MOHAN RAO S/O SHRI RADHA MOHAN RAO,
AGED ABOUT 50 YEARS, OCCUPATION: LOWER DIVISION
1. TEACHER WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA
PRADESH)
N.K SRIVASTAVA S/O D D SRIVASTAVA, AGED ABOUT 43
YEARS, OCCUPATION: LOWER DIVISION TEACHER
2.
WORKING IN HITKARINI GIRLS HIGHER SEC. SCHOOL
B.T. TIRAHA GARHA JABALPUR (MADHYA PRADESH)
REKHA TIWARI W/O LATE R S TIWARI, AGED ABOUT 54
YEARS, OCCUPATION: LOWER DIVISION TEACHER
3.
WORKING IN HITKARINI GIRLS HIGHER SEC. SCHOOL
B.T. TIRAHA GARHA JABALPUR (MADHYA PRADESH)
SMT. SHRADHALATA NAMDEO W/O SHRI N K NAMDEO,
AGED ABOUT 55 YEARS, OCCUPATION: LOWER DIVISION
4. TEACHER WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA
PRADESH)
SMT. NEELIMA DWIVEDI W/O SHRI R M DWIVEDI, AGED
ABOUT 52 YEARS, OCCUPATION: LOWER DIVISION
5. TEACHER WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA
PRADESH)
SMT. ARCHANA TIWARI S/O SHRI MANISH UPADHAYAYA,
AGED ABOUT 44 YEARS, OCCUPATION: UPPER DIVSION
6. TEACHER WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA
PRADESH)
SUSHIL KUMAR MISHRA S/O LATE SHRI B D MISHRA,
AGED ABOUT 54 YEARS, OCCUPATION: LECTURER
7.
WORKING IN HITKARINI GIRLS HIGHER SEC. SCHOOL
B.T. TIRAHA GARHA JABALPUR (MADHYA PRADESH)
SMT. LATA DIGRASKAR W/O LATE KESHAV DIGRASKAR,
AGED ABOUT 49 YEARS, OCCUPATION: DEPUTY
8. PRINCIPAL WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA
PRADESH)
SMT. KIRAN TIWARI W/O SHRI YOGENDRA MOHAN, AGED
ABOUT 51 YEARS, OCCUPATION: LOWER DIVISION
9. TEACHER WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA
PRADESH)
2
SMT. GEETA SHRIVAS W/O SHRI YOGENDRA MOHAN, AGED
ABOUT 51 YEARS, OCCUPATION: LOWER DIVISION TEACHER
10.
WORKING IN HITKARINI GIRLS HIGHER SEC. SCHOOL B.T.
TIRAHA GARHA JABALPUR (MADHYA PRADESH)
SMT. SHUBHA PANDEY W/O SHRI SANJAY PANDEY, AGED
ABOUT 45 YEARS, OCCUPATION: LOWER DIVISION TEACHER
11.
WORKING IN HITKARINI GIRLS HIGHER SEC. SCHOOL B.T.
TIRAHA GARHA JABALPUR (MADHYA PRADESH)
SMT. GYANESHWARI BENJAMIN W/O EGGNASIS BENJAMIN,
AGED ABOUT 49 YEARS, OCCUPATION: LOWER DIVISION
12.
TEACHER WORKING IN HITKARINI GIRLS HIGHER SEC.
SCHOOL B.T. TIRAHA GARHA JABALPUR (MADHYA PRADESH)
SMT. L MAYA DEVI REDDY W/O LATE G.R REDDY, AGED ABOUT
58 YEARS, OCCUPATION: DEPUTY PRINCIPAL WORKING IN
13.
B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
ARVIND KUMAR PANDEY S/O SHRI RAMESHWAR P PANDEY,
AGED ABOUT 51 YEARS, OCCUPATION: LECTURER WORKING
14.
IN B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
SMT. PARMINDER KAUR PALL W/O SHRI S GURDEEP SINGH,
AGED ABOUT 55 YEARS, OCCUPATION: LOWER DIVION
15.
TEACHER WORKING IN B.M.D. HITKARINI GIRLS HIGHER SEC.
SCHOOL DIXITPURA JABALPUR (MADHYA PRADESH)
SMT. OM TRIPATHI W/O LATE SHRI P.N TRIPATHI, AGED ABOUT
57 YEARS, OCCUPATION: UPPER DIVISION TEACHER WORKING
16.
IN B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
SMT. KALPNA SHRIVASTAVA W/O SHRI SHARAD KR.
SHRIVASTAVA, AGED ABOUT 48 YEARS, OCCUPATION: UPPER
17. DIVISION TEACHER WORKING IN B.M.D. HITKARINI GIRLS
HIGHER SEC. SCHOOL DIXITPURA JABALPUR (MADHYA
PRADESH)
SMT. VIPLA MEHTA W/O SHRI NEERAJ MEHTA , AGED ABOUT 48
YEARS, OCCUPATION: UPPER DIVISION TEACHER WORKING IN
18.
B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
SMT. ANITA JAIN W/O SHRI AJIT KR. JAIN, AGED ABOUT 50
YEARS, OCCUPATION: UPPER DIVISION TEACHER WORKING IN
19.
B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
SMT. RASHMI TIWARI W/O SHRI SATISH TIWARI, AGED ABOUT
50 YEARS, OCCUPATION: UPPER DIVISION TEACHER WORKING
20.
IN B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
SMT PRITI TIWARI W/O SHRI CHETAN TIWRI, AGED ABOUT 46
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
21.
IN B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL DIXITPURA
JABALPUR (MADHYA PRADESH)
3
SMT. RAJNI PAROHA W/O SHRI RAVINDRA PAROHA, AGED
ABOUT 49 YEARS, OCCUPATION: LOWER DIVISION TEACHER
22.
WORKING IN B.M.D. HITKARINI GIRLS HIGHER SEC. SCHOOL
DIXITPURA JABALPUR (MADHYA PRADESH)
SMT. KIRTI BALA CHOUHAN W/O SHRI VIKAS S CHOUHAN,
AGED ABOUT 49 YEARS, OCCUPATION: LOWER DIVISION
23.
TEACHER WORKING IN B.M.D. HITKARINI GIRLS HIGHER SEC.
SCHOOL DIXITPURA JABALPUR (MADHYA PRADESH)
NARESH KUMAR TIWARI S/O LATE RAGHUNATH PRASAD
TIWARI, AGED ABOUT 53 YEARS, OCCUPATION: UPPER
24. DIVISION TEACHER WORKING IN HITKARINI HIGHER
SECONDARY SCHOOL GORAKHPUR JABALPUR (MADHYA
PRADESH)
SMT. SANDHYA KOUSHAL W/O SHRI SUNIL KOUSHAL, AGED
ABOUT 56 YEARS, OCCUPATION: LECTURER WORKING IN
25.
HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. SOMA PAUL W/O ASHIM PAUL, AGED ABOUT 50 YEARS,
OCCUPATION: DEPUTY PRINCIPAL WORKING IN HITKARINI
26.
HIGHER SECONDARY SCHOOL GORAKHPUR JABALPUR
(MADHYA PRADESH)
SMT. PURNIMA DHAGAT W/O DINESH DHAGAT, AGED ABOUT 54
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
27.
IN HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
POORANLAL GOMASTA S/O SHRI MOLU SINGH, AGED ABOUT 45
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
28.
IN HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. ARCHANA BAKSHI W/O SHRI SUNIL BAKSHI, AGED ABOUT
52 YEARS, OCCUPATION: HEADMASTER WORKING IN
29.
HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. MEENA SHUKLA W/O SHRI PRADEEP SHUKLA, AGED
ABOUT 57 YEARS, OCCUPATION: LOWER DIVISION TEACHER
30.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
GORAKHPUR JABALPUR (MADHYA PRADESH)
SMT. ANITA SHAKARGAYEN W/O SHRI C.B SHAKARGAYEN,
AGED ABOUT 57 YEARS, OCCUPATION: LOWER DIVISION
31.
TEACHER WORKING IN HITKARINI HIGHER SECONDARY
SCHOOL GORAKHPUR JABALPUR (MADHYA PRADESH)
RAVI SHANKAR CHOUBEY S/O LATE RAMJIVAN, AGED ABOUT
43 YEARS, OCCUPATION: UPPER DIVISION TEACHER WORKING
32.
IN HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. SHRADDHA PATERIYA W/O PANKAJ PATERIYA, AGED
ABOUT 45 YEARS, OCCUPATION: LOWER DIVISION TEACHER
33.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
GORAKHPUR JABALPUR (MADHYA PRADESH)
4
SMT. MADHUBALA CHOURASIYA W/O SHRI ASHOK
CHOURASIYA, AGED ABOUT 41 YEARS, OCCUPATION: LOWER
34. DIVISION TEACHER WORKING IN HITKARINI HIGHER
SECONDARY SCHOOL GORAKHPUR JABALPUR (MADHYA
PRADESH)
SMT. PHOOLMATI BAI PATEL W/O LATE DASHRATH, AGED
ABOUT 46 YEARS, OCCUPATION: PEON WORKING IN
35.
HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. POONARAM GAMASTA S/O LATE SHRI MOLU SINGH,
AGED ABOUT 43 YEARS, OCCUPATION: PEON WORKING IN
36.
HITKARINI HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. KIRAN MALIK W/O SHRI ARUN MALIK, AGED ABOUT 53
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
37.
IN HITKARINI GURUNANAK GIRLS HIGHER SECONDARY
MADATAL JABALPUR (MADHYA PRADESH)
SMT. MEENA KOCHAR W/O LATE SHRI VIJAY KOCHAR, AGED
ABOUT 53 YEARS, OCCUPATION: LOWER DIVISION TEACHER
38.
WORKING IN HITKARINI GURUNANAK GIRLS HIGHER
SECONDARY MADATAL JABALPUR (MADHYA PRADESH)
SMT. MANJEET KAUR MATTA W/O LATE RAVINDER SINGH
MATTA, AGED ABOUT 51 YEARS, OCCUPATION: LOWER
39.
DIVISION TEACHER WORKING IN GURUNANAK GIRLS HIGHER
SECONDARY MADATAL JABALPUR (MADHYA PRADESH)
SMT. UJWALA PANDE W/O SHRI SHIRISH PANDE, AGED ABOUT
49 YEARS, OCCUPATION: LOWER DIVISION TEACHER
40.
WORKING IN GURUNANAK GIRLS HIGHER SECONDARY
MADATAL JABALPUR (MADHYA PRADESH)
SMT. DEEPA TIWARI W/O PADMESH TIWARI, AGED ABOUT 47
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
41.
IN GURUNANAK GIRLS HIGHER SECONDARY MADATAL
JABALPUR (MADHYA PRADESH)
SMT. PREETI NAMDEO W/O SHRI RAMESH KUMAR NAMDEO,
AGED ABOUT 45 YEARS, OCCUPATION: LOWER DIVISION
42.
TEACHER WORKING IN GURUNANAK GIRLS HIGHER
SECONDARY MADATAL JABALPUR (MADHYA PRADESH)
SMT. SANJOGTA DEB W/O SHRI VIJAY S. DEB, AGED ABOUT 47
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
43.
IN HITKARINI HIGHER SECONDARY SCHOOL VEHICLE
FACTORY JABALPUR JABALPUR (MADHYA PRADESH)
SMT. RANJANA GUPTA W/O SHRI G.P GUPTA, AGED ABOUT 47
YEARS, OCCUPATION: CLERK WORKING IN NAVIN VIDYA
44.
BHAWAN HIGHER SECONDARY SCHOOL GORAKHPUR
JABALPUR (MADHYA PRADESH)
SMT. CHHAYA DUBEY W/O SHRI VIRENDRA DUBEY, AGED
ABOUT 47 YEARS, OCCUPATION: LOWER DIVISION TEACHER
45.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
5
SMT. ARUNLATA TIWARI W/O SHRI NAVEEN TIWRI, AGED
ABOUT 47 YEARS, OCCUPATION: LOWER DIVISION TEACHER
46.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
SMT. VASUNDHARA SHARMA W/O SHRI DILIP KUMAR, AGED
ABOUT 56 YEARS, OCCUPATION: LOWER DIVISION TEACHER
47.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
DAYA SHANKAR PANDEY S/O LATE SHYAM SUNDAR, AGED
ABOUT 48 YEARS, OCCUPATION: LOWER DIVISION TEACHER
48.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
SMT. ARCHANA SWAMI W/O SHRI PANKAJ SWAMI, AGED ABOUT
44 YEARS, OCCUPATION: LOWER DIVISION TEACHER
49.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
SMT. SADHANA PANDEY W/O SHRI B.K PANDEY, AGED ABOUT 48
YEARS, OCCUPATION: LOWER DIVISION TEACHER WORKING
50.
IN HITKARINI HIGHER SECONDARY SCHOOL DEVTAL
JABALPUR (MADHYA PRADESH)
SMT. REETA UPADHAYA W/O LATE SATISH UPADHAYAY, AGED
ABOUT 57 YEARS, OCCUPATION: UPPER DIVISION TEACHER
51.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
SMT. URMILA PANDEY W/O SHRI RAKESH PANDEY, AGED
ABOUT 52 YEARS, OCCUPATION: UPPER DIVISION TEACHER
52.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
SMT. SNEHLATA SHRIVASTAVA W/O LATE SHRI B.N LAL
SHRIVASTAVA, AGED ABOUT 51 YEARS, OCCUPATION: LOWER
53.
DIVISON TEACHER WORKING IN HITKARINI HIGHER
SECONDARY SCHOOL DEVTAL JABALPUR (MADHYA PRADESH)
RAJNEESH SHRIVASTAVA W/O LATE SHRI R.D SHRIVASTAVA,
AGED ABOUT 44 YEARS, OCCUPATION: DEPUTY PRINCIPAL
54.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
SMT. NAMITA TIWARI W/O SHRI MANOJ KUMAR, AGED ABOUT
41 YEARS, OCCUPATION: LOWER DEIVISON TEACHER
55.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
DEVTAL JABALPUR (MADHYA PRADESH)
C.B UPADHAYAY S/O LATE SHRI T.R UPADHAYAY, AGED ABOUT
53 YEARS, OCCUPATION: CLERK WORKING IN HITKARINI
56.
HIGHER SECONDARY SCHOOL DEVTAL JABALPUR (MADHYA
PRADESH)
SIYARAM UPADHAYAY S/O SHRI BABU LAL UPADHAYAY, AGED
ABOUT 53 YEARS, OCCUPATION: UPPER DIVISON TEACHER
57.
WORKING IN HITKARINI HIGHER SECONDARY SCHOOL
SAHAJPUR JABALPUR (MADHYA PRADESH)
6
SMT. JYOTI MANDIRATTA W/O SHRI DEVENDRA KUMAR, AGED
ABOUT 52 YEARS, OCCUPATION: PRINCIPAL WORKING IN
58.
ADHARSH HIGHER SECONDARY SCHOOL PREMNAGAR
JABALPUR (MADHYA PRADESH)
MISS ARCHANA DWIVEDI D/O SHRI GAURI SHANKAR DWIVEDI,
AGED ABOUT 45 YEARS, OCCUPATION: LECTURER WORKING
59.
IN ADHARSH HIGHER SECONDARY SCHOOL PREMNAGAR
JABALPUR (MADHYA PRADESH)
MISS SANGEETA VERMA D/O LATE SHRI SIYARAM VERMA,
AGED ABOUT 48 YEARS, OCCUPATION: LECTURER WORKING
60.
IN ADHARSH HIGHER SECONDARY SCHOOL PREMNAGAR
JABALPUR (MADHYA PRADESH)
SMT SHASHI KOHLI W/O SHRI SUBHASH CHAND KOHLI, AGED
ABOUT 59 YEARS, OCCUPATION: TEACHER WORKING IN
61.
ADHARSH HIGHER SECONDARY SCHOOL PREMNAGAR
JABALPUR (MADHYA PRADESH)
SMT. MAMTA ANAND W/O SHRI KULDEEP RAI ANAND, AGED
ABOUT 48 YEARS, OCCUPATION: TEACHER WORKING IN
62.
ADHARSH HIGHER SECONDARY SCHOOL PREMNAGAR
JABALPUR (MADHYA PRADESH)
SMT. RASHIM GUPTA W/O SHRI SANJAY KUMAR GUPTA, AGED
ABOUT 41 YEARS, OCCUPATION: TEACHER WORKING IN
63.
ADHARSH HIGHER SECONDARY SCHOOL PREMNAGAR
JABALPUR (MADHYA PRADESH)
SMT. PARAMJIT KAUR W/O SHRI JARNAL SINGH, AGED ABOUT
59 YEARS, OCCUPATION: TEACHER WORKING IN ADHARSH
64.
HIGHER SECONDARY SCHOOL PREMNAGAR JABALPUR
(MADHYA PRADESH)
SMT. URMILA BAI W/O SHRI TULSI, AGED ABOUT 53 YEARS,
OCCUPATION: PEON WORKING IN ADHARSH HIGHER
65.
SECONDARY SCHOOL PREMNAGAR JABALPUR (MADHYA
PRADESH)
SMT. NEEMA BAI W/O SHRI MULAYAM SINGH, AGED ABOUT 41
YEARS, OCCUPATION: PEON WORKING IN ADHARSH HIGHER
66.
SECONDARY SCHOOL PREMNAGAR JABALPUR (MADHYA
PRADESH)
SMT. SHYAMA SHRIVASTAVA W/O SHRI ARVIND SHRIVASTAVA,
AGED ABOUT 55 YEARS, OCCUPATION: UPPER DIVISION
67.
TEACHER WORKING IN JAGMOHAN DAS HIGHER SECONDARY
SCHOOL RATAN NAGAR JABALPUR (MADHYA PRADESH)
SMT. SWARSWATI RAJAK W/O SHRI VINOD RAJAK , AGED
ABOUT 44 YEARS, OCCUPATION: UPPER DIVISION TEACHER
68.
WORKING IN JAGMOHAN DAS HIGHER SECONDARY SCHOOL
RATAN NAGAR JABALPUR (MADHYA PRADESH)
SMT. AASHA DUBEY (BHARGAV) W/O SHRI MAHESH BHARGAV,
AGED ABOUT 56 YEARS, OCCUPATION: TEACHER WORKING IN
69.
JAGMOHAN DAS HIGHER SECONDARY SCHOOL RATAN NAGAR
JABALPUR (MADHYA PRADESH)
.....PETITIONERS
7
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH ADDITIONAL
1. CHIEF SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
ADDITIONAL CHIEF SECRETTARY FINANCE DEPARTMENT
2.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
COMMISSIONER COMMISSION PUBLIC INSTRUCTIONS
3.
BHOPAL (MADHYA PRADESH)
DISTRICT EDUCATION OFFICER SCHOOL EDUCATION
4.
DEPARTMENT DISTT. JABALPUR (MADHYA PRADESH)
MANAGER HITHKARINI SABHA,JONSGANJ JONSGANJ
5.
JABALPUR (MADHYA PRADESH)
MANAGER SHRI GURU NANAK GIRLS HIGHER SECONDARY
6.
SCHOOL MARHATAL JABALPUR (MADHYA PRADESH)
MANAGER NAVEEN VIDYA BHAVAN HIGHER SECONDARY
7.
SCHOOL GORAKHPUR JABALPUR (MADHYA PRADESH)
MANAGER JAGMOHAN DAS HIGHER SECONDARY SCHOOL
8.
RATAN NAGAR JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 15449 of 2015
Between:-
M.P. MADHYAMIK SHIKSHAK SANGH THR. SHRI LAXMAN
BAHADUR THE GENERAL SECRETARY 338 PURVAYOU TORI
SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1. SCHOOL EDUCATION DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVT. OF M.P.
2.
VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
COMMISSIONER DIRECTORATE OF PUBLIC INSTRUCTION (DPI)
3.
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
8
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 6156 of 2016
Between:-
SANJAY DWIVEDI S/O SHRI MATHURA PRASAD DWIVEDI, AGED
1. ABOUT 48 YEARS, OCCUPATION: TEACHER WORKING IN JANTA
HIGHER SEC. SCHOOL SAGAR SAGAR (MADHYA PRADESH)
RAJESH KOSTI S/O HARI PRASAD, AGED ABOUT 42 YEARS,
2. OCCUPATION: TEACHER WORKING IN JANTA HIGHER
SECONDARY SCHOOL SAGAR (MADHYA PRADESH)
TULSI RAM YADAV S/O DEVI PRASAD YADAV, AGED ABOUT 57
3. YEARS, OCCUPATION: TEACHER WORKING IN JANTA HIGHER
SECONDARY SCHOOL SAGAR (MADHYA PRADESH)
SANTOSH RAJAK S/O RATIRAM RAJAK OCCUPATION: TEACHER
4. WORKING IN JANTA HIGHER SECONDARY SCHOOL SAGAR
(MADHYA PRADESH)
C P PANEY S/O HARI NARAYAN PANDEY OCCUPATION: TEACHER
5. WORKING IN JANTA HIGHER SECONDARY SCHOOL SAGAR
(MADHYA PRADESH)
SMT MITHLESH TIWARI W/O AWADESH KUMAR TIWARI
6. OCCUPATION: TEACHER WORKING IN JANTA HIGHER
SECONDARY SCHOOL SAGAR (MADHYA PRADESH)
BRIJESH UPADHYAY W/O AMBIKA PRASAD UPADHYAYA
7. OCCUPATION: TEACHER WORKING IN JANTA HIGHER
SECONDARY SCHOOL SAGAR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH THE ADDITIONAL
1. CHIEF SECRETARY SCHOOL EDUCATION DEPT. VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
ADDITIONAL CHIEF SECRETTARY FINANCE DEPARTMENT
2.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
COMMISSIONER DIRECTORATE OF PUBLIC INSTRUCTION (DPI)
3.
BHOPAL (MADHYA PRADESH)
DISTRICT EDUCATION OFFICER SCHOOL EDUCATION
4.
DEPARTMENT SAGAR, (MADHYA PRADESH)
MANAGER JANTA HIGHER SECONDARY SCHOOL, SAGAR
5.
(MADHYA PRADESH)
.....RESPONDENTS
9
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 6599 of 2016
Between:-
SMT. SAROJ SHARMA W/O LATE SHRI RAM KRISHAN SHARMA,
AGED ABOUT 53 YEARS, OCCUPATION: LOWER DIVISION
1.
TEACHER HITHKARINI HIGHER SEC. SCHOOL GOVINDGANJ
(MADHYA PRADESH)
SANJAY KUMAR PANDEY S/O LATE SHRI JR PANDEY, AGED
ABOUT 52 YEARS, OCCUPATION: UPPER DIVISION
2.
TEAHCER,WORKING IN HITHKAR HIGHER SEC. SCHOOL
GOVINDGANJ DISTT. JABALPUR (MADHYA PRADESH)
SMT. RAJANI RAWAT W/O ARUN KUMAR RAWAT, AGED ABOUT 56
YEARS, OCCUPATION: UPPER DIVISION TEAHCER,WORKING IN
3.
HITHKAR HIGHER SEC. SCHOOL GOVINDGANJ DISTT.
JABALPUR (MADHYA PRADESH)
SMT.INDRA MISHRA W/O SHRI AWADHESH MISHRA, AGED
ABOUT 56 YEARS, OCCUPATION: UPPER DIVISION
4.
TEAHCER,WORKING IN HITHKAR HIGHER SEC. SCHOOL
GOVINDGANJ DISTT. JABALPUR (MADHYA PRADESH)
SMT. HIRAMANI YADAV W/O SHRI VIJAY YADAV, AGED ABOUT 44
YEARS, OCCUPATION: UPPER DIVISION TEAHCER,WORKING IN
5.
HITHKAR HIGHER SEC. SCHOOL GOVINDGANJ DISTT.
JABALPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY
SHRI MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH THE ADDITIONAL
1. CHIEF SECRETARY SCHOOL EDUCATION DETP. VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
ADDITINAL CHIEF SECRETARY FINANCE DEPARTMENT
2.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
COMMISSIONER DIRECTORATE OF PUBLIC INSTRUCTION (DPI)
3.
DISTT. BHOPAL (MADHYA PRADESH)
DISTRICT EDUCATION OFFICER JABALPUR DISTT. JABALPUR
4.
(MADHYA PRADESH)
MANAGER HITHKARNI SABHA JONSGANJ DISTT. JABALPUR
5.
(MADHYA PRADESH)
.....RESPONDENTS
10
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 10605 of 2016
Between:-
SMT. SHIPRA SEN W/O SHRI ASHIS SEN, AGED ABOUT 45 YEARS,
OCCUPATION: VICE PRINCIPAL WORKING INJ SHISHU VIDYA
1.
PEETH BENGALI GIRLS HIGHER SECONDARY SCHOOL GCF
ESTATE JABALPUR (MADHYA PRADESH)
SMT. NEENA PRAMANICK W/O SHRI GYANDEEP PRAMANICK,
AGED ABOUT 48 YEARS, OCCUPATION: PRINCIPAL, WORKINGH
2.
IN SHISHU VIDYA PEETH BENGALI GIRLS HIGHER SEC.
SCHOOL GCF ESTATE DISTT. JABALPUR (MADHYA PRADESH)
SMT. MALA SHARMA W/O SHRI K.K. SHARMA, AGED ABOUT 53
YEARS, OCCUPATION: LECTURER, WORKINGH IN SHISHU
3.
VIDYA PEETH BENGALI GIRLS HIGHER SEC. SCHOOL GCF
ESTATE DISTT. JABALPUR (MADHYA PRADESH)
ANIL TIWARI S/O SHRI G.S. TIWARI, AGED ABOUT 45 YEARS,
OCCUPATION: UPPER DIVISION TEAHCER, WORKINGH IN
4.
SHISHU VIDYA PEETH BENGALI GIRLS HIGHER SEC. SCHOOL
GCF ESTATE DISTT. JABALPUR (MADHYA PRADESH)
MOHIG MISHRA S/O SHRI SURESH MISHRA, AGED ABOUT 42
YEARS, OCCUPATION: UPPER DIVISION TEAHCER, WORKINGH
5.
IN SHISHU VIDYA PEETH BENGALI GIRLS HIGHER SEC.
SCHOOL GCF ESTATE DISTT. JABALPUR (MADHYA PRADESH)
SMT. MAMTA SETHI W/O SHRI JAI GOPAL SETHI, AGED ABOUT
45 YEARS, OCCUPATION: UPPER DIVISION TEAHCER,
6. WORKING IN SHISHU VIDYA PEETH BENGALI GIRLS HIGHER
SEC. SCHOOL GCF ESTATE DISTT. JABALPUR (MADHYA
PRADESH)
SMT. SANDHYA SHARMA W/O SHRI VINOD KUMAR SHARMA,
AGED ABOUT 51 YEARS, OCCUPATION: P.T.I., WORKINGH IN
7.
SHISHU VIDYA PEETH BENGALI GIRLS HIGHER SEC. SCHOOL
GCF ESTATE DISTT. JABALPUR (MADHYA PRADESH)
SMT. SANDHYA DIWEDI W/O SHRI RAVI SHANKAR DIWEDI,
AGED ABOUT 48 YEARS, OCCUPATION: L.D.T.., WORKINGH IN
8.
SHISHU VIDYA PEETH BENGALI GIRLS HIGHER SEC. SCHOOL
GCF ESTATE DISTT. JABALPUR (MADHYA PRADESH)
SMT. SHASHIKALA SHARMA W/O SHRI MUKUL SHARMA, AGED
ABOUT 48 YEARS, OCCUPATION: L.D.T, WORKINGH IN SHISHU
9.
VIDYA PEETH BENGALI GIRLS HIGHER SEC. SCHOOL GCF
ESTATE DISTT. JABALPUR (MADHYA PRADESH)
11
SHYAMA BAI W/O SHRI SHUYAM LAL, AGED ABOUT 43 YEARS,
OCCUPATION: PEON, WORKINGH IN SHISHU VIDYA PEETH
10.
BENGALI GIRLS HIGHER SEC. SCHOOL GCF ESTATE DISTT.
JABALPUR (MADHYA PRADESH)
LAXMI BAI W/O MANGAL, AGED ABOUT 44 YEARS,
OCCUPATION: PEON, WORKINGH IN SHISHU VIDYA PEETH
11.
BENGALI GIRLS HIGHER SEC. SCHOOL GCF ESTATE DISTT.
JABALPUR (MADHYA PRADESH)
RAMWATI BAI W/O SHRI MAHESH KEWAR, AGED ABOUT 44
YEARS, OCCUPATION: PEON, WORKINGH IN SHISHU VIDYA
12.
PEETH BENGALI GIRLS HIGHER SEC. SCHOOL GCF ESTATE
DISTT. JABALPUR (MADHYA PRADESH)
NEELEMA VISHWAKARMA W/O SHRI GOPAL VISHWAKARMA,
AGED ABOUT 40 YEARS, OCCUPATION: LECTURER, ARYA GIRLS
13.
HIGHER SEC. SCHOOL, NAPIER TOWN, JABALPUR (MADHYA
PRADESH)
SHANTI THAKUR D/O SHRI K.L. THAKUR, AGED ABOUT 51
14. YEARS, OCCUPATION: , ARYA GIRLS HIGHER SEC. SCHOOL,
NAPIER TOWN, JABALPUR (MADHYA PRADESH)
RAMAKANT TIWARI S/O RAM KUMAR TIWARI, AGED ABOUT 50
15. YEARS, OCCUPATION: WORKINGH IN HITKARINI PRIMARY
SCHOOL DEVTAL JABALPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THR. ADDITIONAL CHIEF
1. SECRETARY SCHOOL EDUCATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
ADDITIONAL CHIEF SECRETTARY FINANCE DEPARTMENT
2.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
COMMISSIONER PUBLIC INSTRUCTIONS BHOPAL (MADHYA
3.
PRADESH)
DISTRICT EDUCATION OFFICER SCHOOL EDUCATION
4.
DEPARTMENT DISTT. JABALPUR (MADHYA PRADESH)
MANAGER SHISHU VIDYA PETH BENGALI GIRLS HIGHER SEC.
5.
SCHOOL GCF ESTATE JABALPUR (MADHYA PRADESH)
MANAGER ARYA GIRLS HIGHER SEC. SCHOOL NAPIER TOWN
6.
JABALPUR (MADHYA PRADESH)
MANAGER HITKARINI PRIMARY SCHOOL DEVTAL DISTT.
7.
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
12
WRIT PETITION No. 5168 of 2017
Between:-
BHARAT KUMAR YADAV S/O SHRI GANESH PRASAD YADAV,
AGED ABOUT 52 YEARS, OCCUPATION: CLERK MAHILA
VIDYALAYA SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THR. THE ADDITIONAL
1. CHIEF SECRETARY SCHOOL EDUCATION DEPARTMENT
VALLABH BHAWAN , BHOPAL (MADHYA PRADESH)
THE ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT
2.
VALLABH BHAWAN , BHOPAL (MADHYA PRADESH)
3. THE COMMISSIONER BHOPAL BHOPAL (MADHYA PRADESH)
THE DISTRICT EDUCATION OFFICER SCHOOL EDUCATION
4.
DEPARTMENT SAGAR (MADHYA PRADESH)
MANAGER THE MAHILA VIDYALYA SAGAR SAGAR (MADHYA
5.
PRADESH)
.....RESPONDENTS
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 14434 of 2017
Between:-
SMT KESHAR BAI SAINI W/O LATE SHIV KUMAR SAINI
OCCUPATION: PEON IN BABU MANMOHAN DAS HITKARINI
GIRLS HIGHER SECONDARY SCHOOL DIXITPURA, JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH THE ADDITIONAL
1. CHIEF SECRETARY SCHOOL EDUCATION DEPARTMENT
VALLABH BHWAN BHOPAL (MADHYA PRADESH)
THE ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT
2.
VALLABH BHWAN BHOPAL (MADHYA PRADESH)
THE COMMISSIONER DIRECTORATE OF PUBLIC INSTRUCTION
3.
(DPI) BHOPAL (MADHYA PRADESH)
THE DISTRICT EDUCATION OFFICER JABALPUR JABALPUR
4.
(MADHYA PRADESH)
THE PRINCIPAL BABU MANMOHAN DAS HITKARINI GIRLS HR
5.
SEC. SCHOOL DIXITPURA JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
13
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 17260 of 2018
Between:-
AMBIKA PRASAD SHUKLA S/O LATE SHRI RAMADHAR SHUKLA,
AGED ABOUT 52 YEARS, OCCUPATION: TEACHER MAKARAND
HIGHER SEC. SCHOOL PANNI BLOCK MAUGANJ DISTT. REWA
M.P. (MADHYA PRADESH)
.....PETITIONER
SHRI S.P.MISHRA, ADVOCATE FOR PETITIONER
AND
THE STATE OF MADHYA PRADESH THR PRINCIPAL SECRETRY
1. SCHOOL EDUCATION DEPT. VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
PRINCIPAL SECRETARY FINANCE DEPARTMENT VALLABH
2.
BHAWAN, BHOPAL (MADHYA PRADESH)
THE COMMISSIONER PUBLIC INSTRUCTION, MADHYA PRADESH
3.
DISTT-BHOPAL (MADHYA PRADESH)
JOINT DIRECTOR PUBLIC INSTRUCTION, REWA DIVISION
4.
(MADHYA PRADESH)
DISTRICT EDUCATION OFFICER REWA DISTT-REWA (MADHYA
5.
PRADESH)
THE CHAIRMAN, SHIKSHA SAMITI PANNI, BLOCK MAUGANJ,
6.
REWA (MADHYA PRADESH)
PRINCIPAL MAKARAND HIGHER SECONDARY SCHOOL PANNI
7.
BLOCK MAUGANJ, REWA (MADHYA PRADESH)
.....RESPONDENTS
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 17805 of 2019
Between:-
SMT SUVARSHA JHARIYA W/O VINAY JHARIYA, AGED ABOUT 49
YEARS, OCCUPATION: TEACHER HITKARNI CHILDREN
ACADEMY GOVINDGANJ JABALPUR HITKARNI CHILDREN
ACADEMY GOVINDGANJ JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C.GHILDIYAL, SENIOR ADVOCATE ASSISTED BY SHRI
MANOJ KUMAR RAJAK, ADVOCATE)
14
AND
THE STATE OF MADHYA PRADESH THR. PRINCIPAL SECRETARY
1. SCHOOL EDUCATION DEPARTMENT VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
COMMISSIONER DIRECTORATE OF PUBLIC INSTRUCTION (DPI)
2.
BHOPAL (MADHYA PRADESH)
DISTRICT EDUCATION OFFICER SCHOOL EDUCATION
3.
DEPARTMENT DISTT. JABALPUR (MADHYA PRADESH)
HITKARNI SABHA THROUGH SECRETARY JHONSONGANJ
4.
JABALPUR (MADHYA PRADESH)
HITKARNI CHILDREN ACADEMY JABALPUR VEHICLE ESTATE
5.
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
WRIT PETITION No. 2503 of 2020
Between:-
KU. SADHNA MISHRA D/O SHRI J.P. MISHRA, AGED ABOUT 52
YEARS, OCCUPATION: WORKING AS A UPPER DIVISION
1. TEACHER IN THE HITKARINI GIRLS HR. SEC. SCHOOL GARHA
B.T. TIRAHA GARHA JABALPUR R/O. 853, NEAR GAUTAM MADIYA
GARHA JABALPUR (MADHYA PRADESH)
RAJENDRA KUMAR KUSHWAHA S/O SHRI SHIV CHARAN
KUSHWAHA, AGED ABOUT 63 YEARS, OCCUPATION: RETD.
2. PRINCIPAL HITKARNI HIGHER SECONDARY SCHOOL SAHJPUR
TEHSIL PATAN R/O 272, EAST NIWARGANJ DIXITPURA MAHATMA
GANDHI WARD JABALPUR (MADHYA PRADESH)
.....PETITIONERS
SHRI RAJESH SONI, ADVOCATE FOR PETITIONERS
AND
THE STATE OF MADHYA PRADESH THR. PRINCIPAL SECRETARY
1. SCHOOL EDUCATION DEPT. VALLABH BHAWAN (MADHYA
PRADESH)
ADDITIONAL CHIEF SECRETTARY OF MADHYA PRADESH,
2. FINANCE DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
COMMISSIONER PUBLIC INSTRUCTIONS DEPARTMENT DISTT-
3.
BHOPAL (MADHYA PRADESH)
DISTRICT EDUCATION OFFICER JABALPUR NEAR BY TEHSIL
4.
CHOURAHA JABALPUR (MADHYA PRADESH)
HITKARINI SABHA JOSEGANJ JABALPUR THR. ITS MANAGER
5.
DISTT-JABALPUR (MADHYA PRADESH)
HITKARNI GIRLS HIGHER SECONDARY SCHOOL THR. ITS
6.
MANAGER B.T.TIRAHA GARHA JABALPUR (MADHYA PRADESH)
15
HITKARNI HIGHER SECONDAY SCHOOL SAHJPUR THR. ITS
7.
MANAGER TAHSIL PATAN, JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
SMT.SWATI ASEEM GEORGE, PANEL LAWYER FOR STATE
SHRI ARPAN J PAWAR, ADVOCATE FOR
RESPONDENT/MANAGEMENT OF THE SCHOOL
These writ petitions are taken up for hearing and the Court has
passed following:
ORDER
Writ Petition No.15449/2015 (Madhya Pradesh Madhyamik Shikshak Sangh versus State of Madhya Pradesh & Others) is taken as leading writ petition as the issue involved in this batch of writ petitions is common, therefore, they all are being decided by this common order & the order passed in Writ Petition No.15449/2015 (Madhya Pradesh Madhyamik Shikshak Sangh versus State of Madhya Pradesh & Others) shall be applicable mutatis mutandis to the facts & circumstances of the connected writ petitions also.
2. Petitioners have filed these writ petitions seeking issuance of a writ, order or direction in the nature of mandamus directing the respondents to grant necessary sanction for creation of requisite posts in Higher Secondary School run by the Private 16 Societies under grant-in-aid and provide grant-in-aid & pay salary to the employees out of maintenance grant as is paid to the employees of grant-in-aid Institutions appointed prior to promulgation of the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Sanshodhan Adhiniyam, 2000.
3. Undisputed facts of the present case are that petitioners are employees of the Societies registered under the provisions of the Madhya Pradesh Society Registration Act, 1973 and these Societies are running Educational Institutions. The Institutions managed by the Societies are recognized schools & are governed by the provisions of the Madhya Pradesh Ashaskiya School Viniyaman Adhiniyam, 1975. These schools where the employees of the petitioner's association are working have two categories of staff. The first category is of such employees, those who are working on the posts sanctioned by the Government of Madhya Pradesh and such employees are receiving their salary out of maintenance grant paid to the Societies by the State Government. The second category of staff is working on the posts, which are created by the Management in accordance with the Madhya 17 Pradesh Ashaskiya School Viniyaman Adhiniyam, 1975 for running the Institutions and their salary is paid by the Management of the Institutions out of their own earnings. Admittedly, the employees of the petitioners' association are falling under second category i.e. those who are paid salary by the Management out of its own earnings.
4. According to the petitioners, the employees who are receiving salary out of the maintenance grant are governed by the provisions of Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978.
5. In the year 2000, the State Government promulgated Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Sanshodhan Adhiniyam, 2000. The aforesaid amendment was challenged before the High Court in Writ Petition No.1104/2000 and the High Court vide order dated 11.1.2002 declared the amendment of 2000 to be unconstitutional. Thereafter, the State Government had challenged the order of the Division Bench of this High Court in S.L.P.(C) No.8534/2002, which was finally disposed of vide order 18 dated 7.1.2014 whereby the Supreme Court was pleased to direct that the provisions of Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Sanshodhan Adhiniyam, 2000 will not be applicable to the employees appointed prior to the year 2000.
6. According to the petitioners, the State Government had not allowed filling up of any post falling vacant in the Private Aided Institutions from the year 2000 as a result of which the posts falling vacant due to retirement, death or resignation of such employees remained vacant for all these years and now in view of the decision of the Supreme Court, the State Government has decided not to permit filling up of the vacant posts.
7. In the aforesaid backdrop, it is submitted by the learned counsel for the petitioners that because the employees of the petitioner's association are working in the Establishment of the respondent/Society for about two decades under Non-Grant- Establishment, they are entitled for their absorption against the said vacant posts falling vacant consequent to retirement/death of grant-in-aid employees. It is also submitted that the employees of the petitioners' association are discharging similar type of duties as 19 being discharged by the employees under grant-in-aid set up, therefore, they are fully qualified and are eligible to hold such posts should be permitted to be absorbed against grant-in-aid posts falling vacant on account of death, retirement, resignation or any other exigencies.
8. The respondent/State has filed its reply mentioning therein that the State Government has issued a Circular dated 8.5.2015, which categorically provides that any post if falls vacant due to the retirement/promotion or otherwise will not be filled up by fresh appointment and as such in view of said decision, no fresh appointments are being made in Private Aided Institutions. It is also submitted that in view of the Circular dated 8.5.2015, the services of the employees of the petitioners' association were never absorbed in the Private Aided Institutions. It is also averred in the return itself that since the responsibility to pay salary to these employees is that of the Management, therefore, they cannot be absorbed against grant-in-aid posts. It has also come on record that the petitioner in Writ Petition No.17805/2019 was initially appointed on 1.8.2001 and, therefore, her case is different from other petitioners.
20
9. After hearing learned counsel for the parties and going through the record, it is evident that the Supreme Court in Civil Appeal No.6362/2004 (State of Madhya Pradesh & Another versus Sharique A Ali & Others) vide order dated 12.12.2013 accepted the proposal of the State with regard to Teachers/Employees receiving salary from graint-in-aid, namely, the State Government proposes to pay the arrears at the existing approved scale from next financial year i.e. April, 2014 onwards. The Supreme Court also accepted the second proposal, which reads as under:-
"B. The arrears shall be paid after adjusting the tuition fee charged by private schools and colleges as per Circular dated 31.1.2000. The State Government shall ascertain the tuition fee charged by each school or college within 6 months;
(i) After following the procedure in Clause B, in case of employees (teachers and other staff) who have expired, the State Government proposes to pay 100% arrears to their nominee at lump sum;21
(ii) After following the procedure in Clause B, in case of employees (teachers and other staff) who have retired but are alive, the State Government proposes to pay arrears in atleast three equal annual installments;
(iii) After following the procedure in Clause B, in case of employees (teacher and other staff) who are still in service, the State Government proposes to pay arrears in atleast five equal annual installments."
10. The proposal of the State Government to give grant-in-aid to the employees (teachers and other staff), who are still in service at the existing approved scale till their superannuation was objected to by the learned Senior Counsel Shri Shanti Bhushan & he proposed that the State Government should place teachers/lecturers/non-teaching staff to the existing approved scale as is adopted for the Staff of Government Schools till their age of superannuation.
11. Thereafter, this matter came up for hearing & was decided on 7.1.2014. The Supreme Court set aside the judgment & order passed by the High Court of Madhya Pradesh & directed that the 6th Pay Commission Scale shall be given to the 22 teachers/lecturers/non-teaching staff working in the private aided educational institutions in the State of Madhya Pradesh. The Supreme Court further clarified that the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 as amended by the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Sanshodhan Adhiniyam, 2000 (for brevity "Amended Act") shall not be made applicable to the respondents therein & other similarly situated persons (i.e. persons whose apointments were approved under grant-in-aid). The Supreme Court further clarified that the Amended Act is applicable to those teachers/lecturers/non-teaching staff, who are appointed by the private aided educational institutions in the State of Madhya Pradesh after promulgation of the Amended Act & disposed of the Special Leave Petition(s) in that terms.
12. When claim of the petitioners is examined in the light of the judgment of the Supreme Court in the case of the State of Madhya Pradesh & Another versus Sharique A Ali & Others (supra) then it is evident that the writ of mandamus is sought 23 seeking grant of necessary sanction for creation of requisite posts in Schools run by the respondent Nos.5 to 8, which reveals that the persons qua whom the relief is sought are all appointees apointed by the Management and are not grant-in-aid employees.
13. Thus, in terms of Paragraph No.7 of the order dated 7.1.2014 passed by the Supreme Court, it is evident that the Amended Act is applicable to all those teachers/lecturers/non- teaching staff, who were appointed by the private aided educational institutions in the State of Madhya Pradesh after promulgation of the Amended Act & who were getting their salary/emoluments from grant-in-aid funding.
14. A Division Bench of this Court in Writ Appeal No.354/2017 (Shishu Vidyapeeth Bengali Girls Higher Secondary School, Gun Carriage Factory Estate, Jabalpur versus Smt.Anusua Das Sharma & Others) vide order dated 30.8.2017 has held that the Repealed Service Rules, 1988 would not apply for promotion to the staff of the private aided educational institutions, after enforcement of the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Sanshodhan Adhiniyam, 24 2000 and the Madhya Pradesh Ashashkiya Shikshan Sanstha Anudan Niyam, 2008.
15. The High Court of Karnataka in the case of Smt.Renuka & Others versus State of Karnataka & Others 1999 (2) Kar.L.J 318 dealt with the similar situation & held that the grant-in-aid cannot be claimed as a matter of right. Giving of such grants are necessarily a part of the Government Policy, which again depends on the financial capacity & revenue resources of the Government. The High Court of Karnataka took a cue from the judgment of the Supreme Court in the case of State of Orissa & Another versus Aswini Kumar Dash (1998) 3 SCC 613.
16. The amended provisions of Section 6 provides for a prohibition on creation of posts & appointments of staff & termination of services. It provides that notwithstanding anything contained in any law for the time being in force or any rules, regulations, bylaws, statutes or regulations made thereunder:- (A on and from the appointed date - (i) no post of a teacher or other employee shall be created & no teacher or other employee shall be recruited without following the procedure prescribed in this behalf). Thus, it is evident that once the appointment of a 25 teacher/employee as a grant-in-aid teacher/employee is barred by the amendment in the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 then the employees of the petitioners' association are not entitled to claim benefit of their absorption after the cut-off-date when the Amended Act was promulgated & is enforced.
17. The Supreme Court in the case of Union of India (UOI) & Others versus Hindustan Development Corporation & Others Manu/SC/0219/1994 Paragraph 29 has observed that the expectation cannot be the same as anticipation. It is different from a wish, a desire or a hope nor does it amount to a claim or demand on the ground of a right. However, earnest and sincere a wish, a desire or a hope may be and however confidently one may look to them to be fulfilled, they by themselves cannot amount to an assert-able expectation and a mere disappointment does not attract legal consequences. A pious hope even leading to a moral obligation cannot amount to a legitimate expectation. Therefore, legitimacy of an expectation can only be inferred if it is based on 26 the sanction of law or custom or an established procedure followed in regular and natural system.
18. The Delhi High Court in the case of GNCT of Delhi versus Naresh Kumar (2010) 175 DLT 143 (DB) in Paragraph 21 has summarized the legal position with regard to legitimate expectation in the following term:-
"Thirdly, for a legitimate expectation to arise, the decision of administrative authority must affect the person by depriving him of some benefit or advantage which he had in the past been permitted, by the decision maker, to enjoy and which he can legitimately expect to be permitted to continue, until some rational grounds for withdrawing it have been communicated to him.
Fourthly, if the authority proposes to defeat a person's legitimate expectation, it should afford him an opportunity to make a representation in the matter.
Fifthly, the doctrine of legitimate expectation permits the Court to find out if the change in policy which is the cause for 27 defeating the legitimate expectation, is irrational or perverse or one which no reasonable person could have made."
19. Thus, when examined the case at hand in the light of the legal position as regards the legitimate expectation then it is apparent that the doctrine of legitimate expectation will not be applicable to the facts & circumstances of the present case because the employees of the petitioners' association, who were admittedly not getting salary from grant-in-aid but from the coffers of the Institutional Management, cannot have any legitimate expectation to be absorbed against the grant-in-aid posts, which have been declared as a dying cadre when they were neither appointed nor allowed to work under the grant-in-aid posts.
20. Thus, even on the touchstone of the doctrine of the Legitimate Expectation as well as the statutory provisions, when the case of the petitioners is tested, it is liable to fail as there is no denial of the fact that the administrative authority has not deprived the employees of the petitioners' association of any benefit or advantage which they had in the past and which they were allowed to enjoy & which they were legitimately expecting to be permitted to continue.
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21. Infact, both the categories of employees/teachers, namely, those appointed after the cut-off-date & once who were never part of the grant-in-aid scheme, are not entitled to claim any benefit on the basis of the Amended Act or on the basis of the provisions as contained in the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 in absence of any material to show that the procedure prescribed in the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 was followed while giving adhoc/honorarium based appointment to some of the employees of the petitioners' association.
22. Accordingly, these writ petitions fail & are dismissed.
23. Let a copy of the order dated 6.4.2022 passed in Writ Petition No.15449/2015 (Madhya Pradesh Madhyamik Shikshak Sangh versus State of Madhya Pradesh & Others) be retained in the record of connected writ petitions.
(VIVEK AGARWAL) JUDGE amit AMIT Digitally signed by AMIT JAIN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=fb7acc8fa9459a372c91f97c42dcd1f410f c14ca1f709973d88cd85760a0e0c7, JAIN pseudonym=60DB6303DA38CA5D8E4BFC099E7 6F8F8FD7E86DA, serialNumber=3EBC4D14FC9CDC94F7007F3EC43 4B08F461F95C568403DF614DCAF5AD1CC7099, cn=AMIT JAIN Date: 2022.04.06 15:29:18 +05'30'