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Madhya Pradesh High Court · body

2014 DIGILAW 44 (MP)

Rajesh Kumar Pandey v. State of M. P.

2014-01-08

SANJAY YADAV

body2014
Judgment Sanjay Yadav,J. Petitioner seeks quashment of order dated 13.11.2013 passed by the Additional Director, State Institute of Science Education (SISE), concurred by the Commissioner, Rajya Shiksha Kendra negating the claim of the petitioner for absorption as Senior Lecturer/Assistant Professor in SISE. Initially appointed as Lecturer (Mathematics) in Tribal Welfare Department by order dated 10.2.1992, petitioner was sent on deputation in the same grade and post in School Education Department on 20.12.2000 and was posted in Government Education College, Jabalpur. Petitioner's services as Lecturer were absorbed in the School Education Department by order No. F1­534/2001/2005 dated 1.8.2001. He was thereafter, by order dated 22.7.2002 passed by Principal, Government Education College, posted at SISE against the post of Project Officer. Thereafter by order dated 18.8.2003, passed by the Commissioner, Rajya Shiksha Kendra, Madhya Pradesh and the consequential order dated 26.8.2013 passed by the District Education Officer, Jabalpur, petitioner was transferred as Lecturer in SISE. And was granted First Kramonnati on the post of Lecturer by order dated 29.1.2011. Be it noted that with the grant of benefit of first Kramonnati of scale of Rs.6500­10500, continued to substantively hold the post of Lecturer and was not promoted as Senior Lecturer/Assistant Professor. That, with effect from 26.8.2011, Madhya Pradesh School Education Teacher Education and Training Academic (Gazetted) Service Recruitment and Condition of Service Rules, 2011 were framed by the Governor, Madhya Pradesh in exercise of the powers conferred by the proviso to Art. 309 of the Constitution of India. That, Rule 4 of the Rules 2011 provides for "4. That, with effect from 26.8.2011, Madhya Pradesh School Education Teacher Education and Training Academic (Gazetted) Service Recruitment and Condition of Service Rules, 2011 were framed by the Governor, Madhya Pradesh in exercise of the powers conferred by the proviso to Art. 309 of the Constitution of India. That, Rule 4 of the Rules 2011 provides for "4. Constitution of Service.­ (1) The service shall include the following Institutes namely: (a) Madhya Pradesh State Council of Education Research and Training, Bhopal (SCERT); (b) The State Institute of Science Education, (SISE) Jabalpur; (c) The English Language Teaching Institute, (ELTI) Bhopal; (d) Pre­primary Training Institute (PPTI), Jabalpur; (e) Institute of Advance Studies in Education (IASE) Bhopal and Jabalpur; (f) College of Teacher Education (CTE) Khandwa, Chhatarpur, Dewas, Ujjain, Rewa and Gwalior; (g) District Institute of Education and Training (DIET), (h) District Resource Centre (DRC) (2) The service shall consist of the following persons who are working in the aforesaid Institutes, in such posts as specified in Schedule I­A and I­B:­3 (a) Persons who, at the time of commencement of these rules, are holding any post as specified in Schedule­I­A substantively or in officiating capacity; (b) Persons, at the time of commencement of these rules, were absorbed in DIET cadre under the provisions of the Madhya Pradesh School Education, District Institute of Education and Training (Gazetted) Service, Recruitment Rules, 1991; (c) Persons recruited to the services in accordance with the provisions of these rules. That, Rule 6 of the Rules, 2011 provides for method of Recruitment, stipulating therein that recruitment to the service, after the commencement of these rules, shall be made by direct recruitment through competitive examination or by selection; by promotion amongst members of the service as specified in column (3) of Schedule­IV; by transfer or on deputation of the persons appointed on a substantive post in such services as may be specified by the Government. Sub rule (3) of Rule 6 further stipulates that "(3) Notwithstanding anything contained in sub­rule(1), if in the opinion of the Government, the exigencies of the service so require, the Government, may with the prior concurrence of the General Administration Department and in consultation with the Public Service Commission adopt any other method of recruitment to the service other than those specified in the said sub­rule." That, Rajya Shiksha Kendra vide its communication No. jk-f'k-ds-@f'k-f'k@LFkk -@2013/3382­3383 dated 20.9.2013 sought option from such deputationists who fulfill the qualifications as stipulated under Rule 4 of 2011 Rules to be constituted as member of service. The petitioner though not holding substantively the post of Senior Lecturer/Assistant Professor yet filled in the option showing himself to be on deputation as Senior Lecturer. And approached this Court as a Senior Lecturer for a direction to the respondent to consider his claim for absorption vide Writ Petition No. 18239/2012. The petition was disposed of on 31.10.2012 with a direction to the respondents to consider his claim. On consideration, the Authorities having found that the petitioner is only a Lecturer, though wrongly claiming to be a Senior Lecturer, declined the claim for absorption on the post of Senior Lecturer/Assistant Professor by impugned order dated 13.11.2013. The petitioner besides assailing the order, also seeks a direction for regularization as Assistant Professor/Professor. That, having failed to establish that the petitioner substantively holds the post of Senior Lecturer/Assistant Professor/Professor, and the petitioner being merely a Lecturer, decision taken by the respondent in regularizing/absorbing the petitioner on the post of Senior Lecturer/Assistant Professor cannot be faulted with. Furthermore, the contention that the petitioner could at least have been considered for absorption on the post of Lecturer cannot also be gone into as that was never the claim of the petitioner before the Authorities nor such relief is being sought in present writ petition. Having thus considered the petition being devoid of substance is dismissed. No costs.