VIRENDRA LILHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs :-

(2.) The petitioners were initially appointed as Samvida Shala Shikshak in their respective institutions vide orders issued on different dates. The State Government in exercise of its powers conferred under Section 70(2) read with Section 95(1) and (3) of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 framed the rules known as M.P. Panchayat Adhyapak Samvarg (Recruitment and Conditions of Service) Rules, 2008 (for brevity 'the Recruitment Rules, 2008'). Shiksha Karmis and Sanvida Shala Shikshaks working in the schools of various Panchayats and fulfilling the prescribed criteria were absorbed/appointed in Adhyapak Samvarg on the post of Sahayak Adhyapaks/Adhyapaks/Varishtha Adhyapaks. Respondent No.1 issued an order dated 10/07/2017 circulating a policy providing for inter-body absorption/transfer in respect of the employees serving with various local bodies under the Recruitment Rules, 2008. Detailed instructions were issued including the procedure for submitting applications for inter- body absorption, the priority to be given in absorption and also other criteria to be fulfilled for such absorption. As per the said policy, absorption/transfer could be made from an institution under School Education Department to an institution under Tribal Department and vice-versa. Similarly, transfer could also be affected from an institution of School Education Department to another institution in the same department and from one Tribal Institution to another Tribal Institution. Respondent No.1 has issued instructions on 21/08/2017 regarding submission of online applications for inter-body absorption.

(3.) By an order dated 13/02/2018 issued by respondent No.2, all the District Education Officers and Assistant Commissioner, Tribal Development were directed to adhere to the instructions already issued for inter-body absorption and it was provided that the permission for inter-body absorption shall be affected from 01/04/2018. Respondent No.2 was empowered to sanction the inter-body absorption in respect of all employees whether serving in the school under the School Education Department or Tribal Department. In view of the said policy issued by respondent No.1, the petitioners submitted their applications for inter-body transfer. The applications submitted by the petitioners were duly processed to respondent No.2 and all formalities as directed by respondent No.2 were completed by the petitioners. Respondent No.2 granted permission for absorption of the petitioners from the school under Tribal Development Department to School under School Education Department and directed for posting of the petitioners in their respective institutions.