LAWS(MPH)-2005-3-133

BHUPENDRA KUMAR SHRIVASTAVA Vs. STATE OF M.P.

Decided On March 02, 2005
Bhupendra Kumar Shrivastava Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) IN this writ petition petitioner has prayed for the relief to appoint him as regular teacher with permanent status. Petitioner has been appointed as Samvida Shala Shikshak Grade HI on compassionate basis. Other consequential relief's have also been prayed such as seniority and pay scale from the date of initial appointment.

(2.) IT is averred in the petition that petitioner's father was a Patwari. He died on 12 -6 -2000. Petitioner applied for compassionate appointment on the post of Patwari. Petitioner has been appointed on compassionate basis as Samvida Shala Shikshak Grade III as per order (P -l) dated 11 -7 -2002. Petitioner has submitted that others have been appointed as Patwari but petitioner has been appointed as Samvida Shala Shikshak Grade HI. Petitioner has filed representation for his appointment on permanent post on regular basis. Appointment has not been made as per prevailing policy, hence the action of the respondents is bad in law.

(3.) SHRI Vinod Mehta, learned Govt. Advocate, appearing for the respondents has submitted that State Government has framed the rules of appointment of Shiksha Karmis. For appointment as Shiksha Karmis, the rules were framed in the year 1997 called M.P. Panchayat Shiksha Karmis Recruitment and Condition of Service Rules, 1997 (hereinafter referred to as 'the Rules of 1997). These rules provides for appointment on compassionate basis as Shiksha Karmi. Rule 6 specifically deals with compassionate appointment to be made as Shiksha Karmis on the recommendation of the Collector. The appointments were to be made by the concerned Panchayat. Thereafter, fresh rules for appointment of teachers in the schools which have been handed over to Panchayat are governed by the new Rules called "M P. Panchayat Samvida Shala Shikshak Appointment and Condition of Service Rules, 2001" (hereinafter referred to as 'the Rules of 2001). In these rules also there is provision for making compassionate appointment. The Collector has to advise the Panchayat and Panchayat shall appoint such a person on compassionate ground eligible for employment on the post of Samvida Shala Shikshak. He has further submitted that the rules have come into force from the date of publication in the official gazette.