Madhya Pradesh High Court
Swami Vivekanand Higher Secondary ... vs Mr. S.R. Mohanti on 15 May, 2017
1
Conc. Cases No.138/12, 690/12, 418/15, 432/15,
436/15, 441/15, 445/15, 491/15, 492/15, 549/15,
562/15 and 124/16.
15.05.2017
Shri K. N. Gupta, learned Senior Counsel alongwith Shri
Rajendra Dhakar, Shri Prashant Sharma, Shri D.S. Raghuwanshi
and Shri Jitendra Sharma, Advocates for the petitioners.
Shri Vishal Mishra, learned Counsel alongwith Shri Anil
Sharma, Shri Shashank Indapurkar, Shri RBS Tomar and Shri
Jha, Advocates for the alleged respondents-contemnors.
Heard.
1. Vide order dated 12.05.2017, which has been brought on record by the respondents-contemors, they have accepted that teaching and non-teaching employees of the petitioners- Institutions shall be absorbed in respective local bodies in terms of the order dated 21.03.2002 issued by the State Government. This Court had earlier noted vide order dated 07.04.2017 that the cut off date of absorption will be 21.03.2002 and that has been accepted by the respondents. Therefore, all the benefits of absorption including pay fixation and revision of pay made from time to time will be applicable from 21.03.2002.
2. Two disputes have been raised by the learned counsel for the petitioners; one that these petitioners have been absorbed in the local bodies whereas the order dated 21.03.2002 required them to be taken by the State Government. This controversy in fact stood resolved vide order dated 13.03.2007 passed in WP No.5306/2005 (S) : Ram Bahadur Singh Bhadauriya v. State of MP & Others, wherein the Hon'ble Court was pleased to accord liberty to the State Government to pass appropriate orders with regard to absorption of the staff members and teachers of the School in pursuance to the directions issued by the Government as per the circulars of the State Government dated 11.11.2003 and 21.03.2002 and other circulars issued by the State Government in this regard, as per 2 Conc. Cases No.138/12, 690/12, 418/15, 432/15, 436/15, 441/15, 445/15, 491/15, 492/15, 549/15, 562/15 and 124/16.
law. In the circular dated 11.11.2003, it is clearly mentioned that the services of the employees are to be absorbed in the concerned local bodies and therefore the first objection, as has been raised by the petitioners, is not sustainable and is hence overruled.
3. Next issue, which has been raised by the learned counsel for the petitioners is that in the impugned order dated 12.05.2017 (Annexure C/1), it has been mentioned that non- teaching staff will be paid wages as applicable to the skilled labourers on Collector rate w.e.f. 2013. This date 2013 is arbitrary and has no basis inasmuch as once even the non- teaching staff has been absorbed in the local bodies on contract basis w.e.f. 21.03.2002, then they will be entitled to contract salary as revised from time to time w.e.f. 21.03.2002 and this cut off date 2013 is arbitrary.
4. Shri Vishal Mishra, learned counsel for the respondents- contemnors submits that in para 4 of the order dated 12.05.2017, it is clearly mentioned that they are given appointment on contract rates in the local bodies w.e.f. 21.03.2002. Since they have been given appointment on contract basis in the local bodies w.e.f. 21.03.2002, the date for entitlement for emoluments is inbuilt in this para 4 itself and it will be 21.03.2002 only. Therefore, this Court clarifies that even the non-teaching staff of the Schools, which have been taken over, will be entitled to contract salary as revised from time to time w.e.f. 21.03.2002 and not w.e.f. 2013 as has been sought to be clarified by the respondents in a very crafty manner in the last para of the impugned order that the date of payment of wages on Collector rate applicable to skilled labourers will 3 Conc. Cases No.138/12, 690/12, 418/15, 432/15, 436/15, 441/15, 445/15, 491/15, 492/15, 549/15, 562/15 and 124/16.
be 21.03.2002 and the revisions made thereafter and not 2013. Shri Vishal Mishra undertakes to get this rectified within a period of 15 days from today and on such undertaking, these contempt petitions stand disposed of with the following directions :-
1) As has been admitted by the respondents, the date of absorption of both the teaching and non-teaching staff will be 21.03.2002; and
2) Non-teaching staff will be entitled to payment of wages as are applicable to all the contract employees from time to time w.e.f. 21.03.2002 and the revisions so made thereafter.
5. Shri Prashant Sharma, learned counsel submits that this is only an order on papers to avoid contempt, and benefits have not yet been extended to the concerned employees. Nonetheless it is expected that once the orders have been passed in principle and the respondents' counsel has admitted that the very date of absorption has been treated as 21.03.2002, then all the consequential benefits alongwith arrears will follow within a reasonable time, which this Court hopes and trusts that the same will be paid within three months from today, if not already paid, including pay fixation on the post of Adhyapak to the teaching faculty.
6. Accordingly, contempt proceedings are dropped in terms of the undertaking of Shri Vishal Mishra, Advocate.
Certified copy as per rules.
(Vivek Agarwal)
meh/ Judge