Research › Browse › Judgment

Madhya Pradesh High Court · body

1992 DIGILAW 367 (MP)

M. K. Nigam v. Commr. Kendriya Vidyalaya

1992-07-03

D.M.DHARMADHIKARI, M.V.TAMASKAR

body1992
JUDGMENT Show cause notices were issued in the petition to the respondents. In response thereto, return has been filed. With the consent of the learned counsel for the parties, the case is heard and is being disposed of by this order. The petitioner joined the service of Kendriya Vidyalaya Sangathan, represented by the respondents, on 14.2.86 on the post of U.D.C., but purely on temporary basis upto 30th April, 1986 till a regular incumbent joined the post, whichever was earlier. Even after 30th April, 86, which was the date of expiry of initial term of his appointment, the petitioner continued in the service of Kendriya Vidyalaya Sangathan, till passing of the impugned order dated 24.4.91 (Annexure A-6). The order reads as under:-- *** *** *** OFFICE ORDER Consequent upon the regular U.D.C. posting of Shri N.L. Binjhwar for the post of U.D.C. in this Vidyalaya with reference to Kendriya Vidyalaya Sangathan, (Hqrs), New Delhi letter No. F. 1. 23/90-KVS (Estt.) dated 02-04-1991 and his joining w.e.f. 20.04.1991 forenoon, Shri M.K. Nigam L.D.C. (Adhoc) being surplus is hereby relieved of his duties w.e.f. 24.04.1991 afternoon. Shri M.K. Nigam LDC (Adhoc) is hereby directed to handover the charge of the office to Shri N.L. Binjhwar. Shri M.L. Binjhwar, UDC is directed to take overcharge from Shri M.K. Nigam. Sd/- N. Singh Principal To Shri M.K. Nigam, L.D.C. (Adhoc), Kendriya Vidyalaya, SECL, Dhanpuri to report to the Asstt. Commissioner, KV5, Regional Office, Bhubneshwar for further posting. c.c. to : -- 1. The Asstt. Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Bhubneshwar with the request to post Shri M.K. Nigam, at anyone of the Vidyalaya, i.e. K.V. Nowarazabad, Jamuna Colliery, Manandragarh, keeping in view that his case of regularisation of service is under consideration at KV 5 (Hqrs) New Delhi, level under your recommendations. xxx xxx xxx Learned counsel for the petitioner states that in accordance with the terms of the above order, including the instructions issued thereunder to various authorities of Kendriyas, although the petitioner has been relieved from Kendriya Vidyalaya at Dhanpuri, District Shahdol in M.P., the petitioner is not being allowed to join his duties at Bhubneshwar or any other Kendriya Vidyalaya under the Kendriya Vidyalaya Sangthan. The petitioner is, thus, languishing without any job and without payment of any salary since April, 1991. The petitioner is, thus, languishing without any job and without payment of any salary since April, 1991. Learned counsel appearing for the respondents placed reliance on the terms of the appointment order issued to the petitioner on 14.2.85 (Annexure A-I). On the basis thereof, it is contended that the petitioner's term of appointment came to an end on 30th April, 1986 and, in any case, after the new incumbent was appointed against the post of U.D.C. in Kendriya Vidyalaya at S.B.C.L. Dhanpuri, the petitioner's service came to an end. This contention, on the face, is untenable. There is nothing on record to show that after posting of a regular incumbent against the post of U.D.C. in Kendriya Vidyalaya at Dhanpuri, the petitioner's services were terminated. We are also not prepared to accept the contention that the termination expired by efflux of time under the terms of appointment order dated 22.2.86, because the petitioner continued to sarve Kendriya Vidyalaya Sangthan even after 30.4.86. As a matter of fact, it appears from the endorsement made in the bottom of the impugned order (Annexure A-6) that the petitioner's case for regularisation of his services is still under consideration at Kendriya Vidyalaya Sangthan (Hqrs), New Delhi. In accordance with the order issued on 24.4.91 (Annexure A-6), it was incumbent on the part of the respondents authorities of Kendriya Vidyalaya Sangthan to have issued an order of posting in favour of the petitioner as an employee of Kendriya Vidyalaya Sangthan had to treat the case for regularisation of his services. The alternative submission on behalf of the respondents cannot also be accepted that the Principal of Kendriya Vidyalaya at Dhanpuri had no authority to issue the order (Annexure A-6). Such a plea has neither been raised in the return, nor can be accepted. In view of the aforesaid discussion, the petition deserves to succeed and is hereby allowed. It is directed that the respondents shall issue an order of posting in favour of the petitioner, as V.D.C. in any of the Kendriya Vidyalaya under the Kendriya Vidyalaya Sangthan within a period of one month from today. It is also directed that the petitioner's case for regularisation of his services be considered and decided within a further period of three months from today. In the circumstances, the petitioner will also get the costs of the petition. Counsel's fee Rs. 500/-, if certified.