ANIL KUMARI ARYA Vs. ARYA KANYA PRATHMIK SCHOOL

JUDGEMENT

(1.) WHAT is clear is that under section 10 of the Adhiniyam aforesaid, are framed Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ki Bharti) Niyam,1979. Under those Rules, provision is made for recruitment to a post of a teacher or other employees of an institution covered by the Adhiniyam and as per Rule 4(a), any person whose services have been terminated, can also be recruited. The term "Teacher" us defined in section 2(1) of the Adhiniyam under which it is clearly contemplated that the Management can make recruitment of any teacher and his name can be shown on the pay -roll of the Institution against a post which is vacant. Indeed salary to the teacher from the maintenance grant made available to the Institution under the Adhiniyam could be payable also to such a teacher unless the employement of such a teacher is disapproved under clause (c) of section 6 of the Adhiniyam. I had an occasion to deal with these Rules in Ramcharanlal's case (supra) and I have no doubt that it shall be competent for the school authorities, the defendants, respondents to fill up the vacant post on retirement of Shrimati Pushpa Choud -hari. Her retirement is said to be taking place in the month of May 1993 when they can also make payment to the appellant the same salary until such time as her appointment is not disapporoved in terms of clause (c) of section 6 of the Adhiniyam. Steps shall be taken by the defendants/respondents for seeking "approval" or in other words, "recognition" of the plaintiff/appellant as a recognised Assistant Teacher as contemplated under law.

(2.) HOWEVER , it is also submitted that on ad hoc basis, the plaintiff / appellant can be appointed without prejudice to the claim accepted herein to her right to be appointed in the consequential vacancy arising from retirement of the said Smt.Pushpa Choudhari, when that occasion arises. She will now, however, be appointed as an "Assistant Teacher" on ad hoc basis and she will not be entitled to the salary payable to a recognised teacher. Indeed she will be paid salary as paid by defendant/ respondents to similarly appointed ad hoc Assistant Teachers. Accordingly, she will be entitled to file her joining Report at any time with two weeks' notice to the defendants / respondents and when that is done, she will be, for the time -being, appointed on ad hoc basis as Assistant Teacher until she is duly recruited in the consequential vacancy due to retirement of Smt. Pushpa Choudhari. 1992 MPLJ 526 relied on. Appeal party allowed.