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1977 DIGILAW 479 (MP)

Ramsewak Chaturvedi v. State of M. P.

1977-10-31

J.P.BAJPAI, R.K.TANKHA

body1977
Short Note : 1. The petitioner, Ramsewak Chaturvedi, was Principal of Higher Secondary School, Bargi which was being run by Janapada Sabha, Jabalpur. On 1-10-1969 the school was taken over by the State Government. Thereafter, the petitioner was appointed by the State Government as Principal of the said institution as a temporary measure. Subsequently by order dated 25th July, 1972 (Annexure P-7) the petitioner was absorbed as Upper Division Teacher on the basis that he did not possess the required educational qualifications. Since the petitioner was aggrieved by the said order, he filed the present petition under Article 226 of the Constitution for quashing the said order appointing him as Upper Division Teacher on the ground that the petitioner was confirmed Principal under the employment of Janapada Sabha and even after taking over of the school by State Government with effect from 1-1-1969 he was treated as such till 24-7-1972 having continued to work as Principal in the same institution. Therefore, his absorption as Upper Division Teacher was reversion to a lower post in contravention of Article 311 (2) of the Constitution without affording him any opportunity. Held : In this regard, we were not appraised of any document on behalf of the petitioner to satisfy us that the State Government treated the petitioner as a confirmed Principal. He being confirmed Principal under the employment of Janapada Sabha could not entitle him of the same status under the Government service after taking over of the institution on 1-10-1969 by the State Government. In the case of Laxminarayan Behre v. The State of M. P. and others (M. P. No. 300 of 1973, decided on 29.4.1976) the Division Bench of this court has exhaustively dealt with the similar matter and was of the view that : "........ When there is a change of masters, the employees of the old master do not become the employees of the new master and the agreements between the employees and the old master are of no avail against the new master, unless the new master agrees with the employees to continue them in service on the same terms and conditions......” 2. When there is a change of masters, the employees of the old master do not become the employees of the new master and the agreements between the employees and the old master are of no avail against the new master, unless the new master agrees with the employees to continue them in service on the same terms and conditions......” 2. In the present case it is clear from order of the State Government dated 6th/7th February, 1970 (Annexure P-6) that the petitioner was allowed to continue to work as Principal of Higher Secondary School, Bargi till 24-7-1972 only as a temporary measure till his absorption matter was finally decided, which was done vide order dated 25th July, 1972 (Annexure P-7). The petitioner was absorbed in the State service as Upper Division Teacher since he did not possess required qualifications laid down in the order passed on 21st December, 1967 (Annexure R-I). The petitioner was only B. A., B. T. and not being post-graduate, therefore, could not be absorbed as Principal. The point being squarely covered by the afore-mentioned decision of this Court with which we fully agree. No question of the applicability of Article 311 (2) of the Constitution arises here. The contention is rejected being without any substance. M. P. No. 300 of 1973 decided on 29.4.1976 relied on. Petition dismissed.