Madhya Pradesh High Court
Bhawani Shankar Shrotiya vs The State Of Madhya Pradesh on 16 December, 2015
1
WP 884/14(S)
Bhawani Shankar Vs. State of M.P. & others
16/12/2015
Shri K.N.Gupta, Senior counsel with Shri
R.S.Dhakad, learned counsel for the petitioners.
Shri Vijay Sunderam, learned Panel Lawyer for the
respondents/State.
W ith the consent of the parties, the matter is heard
finally.
In this petition, the petitioners inter alia seek
directions to the respondents to accord them benefit of
regular pay scale as well as service benefits which are
admissible to regular employees of the State Government.
Facts giving rise to filing of the writ petition, briefly
stated, are that the petitioners were employees of Adarsh Kishan Higher Secondary School Bhalaka Bhander Datia which was being run by Adarsh Kishan Shiksha Prasar Samiti Bholka Tehsil Bhander, district Datia. The State Government by order dated 22/3/2002 took over 54 schools. The petitioners, who were employed in such schools have also been taken over by the State Government by the aforesaid order. In terms of the order dated 22/3/2002 passed by the State Government, the Chief Executive Officer completed the formalities by order dated 30/3/2002. The State Government thereafter by order dated 5/10/2004 rescinded the orders dated 2 WP 884/14(S) Bhawani Shankar Vs. State of M.P. & others 22/3/2002 and 30/3/2002. The aforesaid order was subject matter of challenge in W .P.No.663/2005. The writ petition was allowed by order dated 22/3/2007 and the order dated 5/10/2004 was quashed. The decision rendered by learned single judge was upheld in appeal before the Division Bench of this court, namely, W .A.No.534/07 vide order dated 5/8/2008. Against the aforesaid order, Special Leave Petition was preferred by the State Government which has been dismissed vide order dated 25/2/2015.
In the aforesaid factual backdrop, the petitioners seek payment of salary in the regular scale of pay as well as all other benefits which are applicable to government employees.
Learned Senior counsel for the petitioners has submitted that the petitioners are employees as contractor teachers and are government servants and there is no plausible reason to deprive them of the benefits which are applicable to other similarly situated persons.
On the other hand, learned Government Advocate does not justify the action of the respondents in seeking to deprive the petitioners of the benefits.
I have considered the submissions made by the learned counsel for the parties.
3WP 884/14(S) Bhawani Shankar Vs. State of M.P. & others In view of the fact that the petitioners are contract teachers and are performing their duties in school which has been taken over by the State Government, there appears to be no justifiable reason to deprive the petitioners of the benefits which are applicable to similarly situated persons.
In view of the preceding analysis, the respondents are directed to extend the benefits which are applicable to similarly Samvida Shala Shikshak to the petitioners within a period of three months from the date of receipt of certified copy of this order passed today.
W ith the aforesaid directions, the writ petition stands disposed of.
C.c.as per rules.
(Alok Aradhe) Judge (Bu)