•w •X r ffiE^RE THIG aDMNICTRXPZVE TRZBIHmL M^HYAjgtAffiSI? JABAWUR BSNCTT (o'^jto^yst^oT]^ c^.f'.^.so)/^- APPlICAm* R.ai^esh. Ku^iar Sorva^ s/o Shri Motilal Sarva^ ©ccupation UjS .T , €T) Governraenfc Harhar^o Mgher SecoBdary School^ Ksaker, Distfc .Bastar. M.P. •^ E R S U S lOi.-.AE&I^C^T^ 1, The Secretary^ Departcient of ^di^ Jati liarijs^ Kalyaxii Deptt. Sta'te of Madhya Bcadesb, ®hopal, 2. Tte Direetor of Pilblic IBstructions^ Stote of M .?< BtopaL ; 3. The Director, Adim Jati Kalyan De p fcfc . St ate of K .P. Bhopal. DESAIIS QF &B?IIC^I'lGKt B *g 1*101 ^*TT^ ^wT^qTzn^T, t?-al^i"iG, Riomyx ^^ ^.^....yi.b.5... ^20 *: CT^ITWR^icb ^f3iT3i1^5T^*licp ^ SIT^^T q^q? ('idi^d^) g^:[TW;Hfl?r3IT^5T qirafc^rv^f^ffe^ 1<f^i^i\ ^3rf^T3TT^5T SB: Hon'bte Shri Manindra MWian Shrivastava. J. 11-02^010 Shri K. N. Nande, counse) for the petitioner. Shri Ajit Singh, Panel Lavtyer for the State/respondents. With the consent of learfied counsel for the parties, the matter is heard finally. Instant petition has been pled by the i^titioner aggrieved on account of absorption on lower posl consideration of his represental was initially appointed as Lect of Upper DMsion Teacher and non |on on the post of Lwturer. The petitioner |rer vide order dated 26-10-1973 in Bharti Higher Secondary School, Karjker which is a private school. White the petitioner was continuing on t^e post of Lecturer in that school, vkle resolution/order dated 20-08-19T6, te wis confirmed on the said post. In course of time. pursuafit to the decision taken by the Government to take over the schools of Non-povt. and local body, employees working in that institutions including the p^titioner were absorbed vide order dated 01-12-1983 (Annexure-A). The| Upper Division Teacher, though| school on the date of absorptton| was also issued on 07-12-19871 petitioner was absorbed on the post of |he was a confirmed lecturer working in the In course oftime, finat order of absorption l(Annexure-J) by which, the petitioner was again shovwi to have been a|bsorbed on the post of Upper Djvision Teacher. Aggrieved by his ab^orption on the lower post, the petitioner preferred representations to the | 03-12-1988 (Annexure K). A petition was filed by thi the institutbn in the High Court Secretary, Department of Tribal Welfare on 5 petitioner along with other empbyees of ^f Madhya Pradesh, which was registered as M.P.No.377 of 1984. Later cjn, the petitbner moved an application for IC-78 ^wi^iqirt^, yT^|^-i|<i, Rril^l^ , LJ).P^J ^\^s *ti*«»a^W^ ..........................*.......... ^20 3IT^$T traq; (4c|^<s|<^) "^^ 3n^^T^Tf^?ra> ^T2rT3TT^$T9?Hh ?^iTWf;Hf^?r3n^^T 1- <-pi<ilw41vi +ii+ioV^fI^^Sl ^Rri^i^ ^F 3iRl+t 3IT^^T withdrawing his name from thje sakl writ petition with permissbn to file a separate petition. The said writ petition stood transferred to the M. P. State Administrative Tribunal and 4/as registered as T.A.No.6336/88, wherein vide order dated 07-08-1998, |the petitioner was permitted to wfthdraw this application with permission tcj fite a separate application. Thereafter, the the petitioner. petitioner submitted that he was working on as later on confirmed in service and was a the institutton on the date on whfoh the school was taken over by the Govemment and consequently order of absorption was jssued. In his ^ubmission, as he lujfilled the qualification for instant petition has been filed Learned counsel for tt- the post of Lecturer and he permanent teacher working the post of Lecturer, he ought final order of absorption on OT[ by the petitioner, but he was| Ito be absorbed as Lecturer. After jssuance of -12-1987, though representations were made not granted the benefit of absorptton on the post of Lecturer. It is submitted that during the pendency of the instant petitbn, number of emptoye absorbed on a lower post w^ 38 of the same institutton who were earlier re considered by the Director and they were absorbed either on the post 0^1 which they were working in the institution at the time of absorption or on a|iy equivalent post It is also stressed that one junior of the petitioner namel' as Upper Division Teacher a R. R. Nagwanshi who was initially absorbed ong with the petitioner, was later on granted benefit of absorption on th^ post of Lecturer by revising his order of absorption. This is bome out|rom the order dated 23-09-96 (Annexure P-1) filed along with an applicatio^ for taking documents on record. It is further submitted that the similar bedefit was conferred on other emptoyees ofthe same institution though wor|(jng on different posts and ordere were also passed in their favour on diflrerent dates, copies of which have ateo been •e /^,.^ ^ ^ ^ ^ *ai*ic^i ^TT'BP ^ET^^TPTI^T, t?-al1<i<i<o, Roi^y^ t^'^3 ^6l|&5 w^^rqiTR^icb WT[3TR^TW^Icp 1 3TT^9Tq^P(4c|Ij6|<£S) Wt,20 g;^iTw?^rfi^cTSTR^T -c)- w^s placed on record as Annexure| record the order dated 12-09-11! lecturers working in Non-Govt. post on which they were workinj the petitioner was subsequently| and his order of absorption Lecturer, the petitioner being a benefit. Non-absorption ofthe violation ofArticle 14 & 16 ofthe] On the other hand. tearne|d was absorbed on the post of the time of issuance of order oD post of Lecturer. Referring to the staff of concerned over by the government. would sanctioned post. As there was nc| was rightly absorbed oh the post| R-2, the petitioner submitted his | not raised any objection with Division Teacher, the petitioner Teacher. 1 have heard leamed records. On the date of issuance working as Lecturer. This fact hi is also seen that even before th^ and services ofthe petjtioner s^ntor cpi<ilo<nvi +ii^«T^'feld^Ri^ci^ ^3lf^T3T1^5T 1 P-2 collectively. He has ateo placed on -|1983. by whteh teaching staff jnctuding ISchool. Abhanpur were absorbed on the |. His submission is that Lecturer junior to considered by the concerned authorities modified by absorbing on the post of Lecturer, is ateo entitled for the same p^titioner on the post pf Lecturer constitutes IConstitution of India. State counsel submits that the petitioner Division Teacher on the ground that at the absorption, there was no sanctioned dated 14-07-1983, it is submitted that body school which was taken |)e absorbed on the basis of availability of sanctioned post of Lecturer, the petitioner |of Upper Division Teacher. Victe Annexure |option for absorption and therefore having to absorption on the post of Upper absorbed on the post of Upper Division Up|)er ortler Non-Govelrnment/local r^ard Was c<)unsel for the parties and perused the |of order of absorption, the petitioner was not been disputed by the resp%)ndents. It date on whteh the school was taken over ab^orbed, the petitioner was confirmed in the ^—- .-,,^^^>,. .-^^. "- •J («| ^ % ^ ^D ^-^I^HC-78 "-'^.J^^y *l l*l^B ^^TT^ ^OTT^TRIT^T, tPT?lwi<»,RlrtKiy^ ^ P-^) ^oljog v ^^TW R<iicb ^CTOT^^T^HN? hBN^11^1 3TT^9T^^ (^ctl^el^) W^20 ?^TT^R^rfl^T3T^^T ^- ^ isl Lectulrer service as a lecturer which respondent is that as there was | be absorbed on the post of petitioner. However, what is remained pending before the working on the post of institution along with the petitio^ petitioner on the post of Upper the respondents and vide orderj has been revised and he has| Lecturer w.e.f. 03-08-1983. Nof other employees of the sam^ Commissioner, Tribal Welfare by passing subsequent orders same post on which they are equivalent post. The petitioner| dated 12-09-1983 by which in taken over by the Governmet absorbed as lecturers in documents were brought on for taking additional document^ case was again listed on 28-01) to file response, if any, to the brought on record. However, response thereof. Even though, a person j^ post of lecturer from the slnd cpi<ilio<TI<ri +ii<ioV^'t^^£l\Ri<^i^ ^3rf^T3n^9T evident from Annexure H. Case of the ho sanctioned post, the petitioner could not L^cturer has ateo not been disputed by the r^levant to notice is that white the petition |Court, Shri R. R. Nagwanshi, who was ;tL(-er, junior to the petitioner in the same ^ier, who was also absorbed along with the [pivisjon Teach'er, but later on considered by dated 23-09-1996, hte orcler of absorption been shown to have been absorbed as only Lecturer junior to the petitioner but institution were also consictered by the their absorption haw also been revised ^nd they have been absorbed either on the ^orkjng on the date of absorption or on any has also placed on record another order a|similar situation when a private school was |it, lecturers working in that school were of absorption on lower post. These by the petitioner by way of application on record filed on 16-07-2007. When this 1-2010, time was granted to the responderrts laforesaid applteation and documents were material has been placed on record in ste^d re<x>rd 1110 jpnbr to the petitioner was absorbed on the eartierfdate, there is no reason as to why the case w..^%?^^ v^il .t^^-HC-78 ^wT^^raTWr, ya1^<i<»,Rrtwy< . U>.P.(^ ^"\\6S wrar^^f^.................................... ^20 3T1^9T q^P (4c|i^6|<6{) 91 an^^T^rR^icb ^?T3T1^^T^^icp Tumane iWHHf 1^: g^ITW^?r 3TI^5T -^- of the petitioner shoukl not be when there is no legal impedimei|it Accordingly, the respond^nts the petittoner as similarly situat^d Shri R. R. Nagwanshi is concern|^l order of absorption in accordancje from the date of receipt of a copyj of this With the aforesaid directioh, c|onsidered on the same lines, particulariy, in doing so. are directed to consfcler the case of Lecturer junior to the petittoner namely and pass appropriate orders relating to icje with law within a period of four months order. i, the petition stands disposed of. chi^Irt41rt ^i^rtT^'fc^ xRi^ci^ 1&3rf^T3n^5T Sd/- Manindra Mohan Shrivastava Jude