STATE OF M P Vs. SHIV NARAYAN SAXENA

JUDGEMENT

(1.) STATE has filed this appeal under Section 2 (i) of M. P. Uchcha Nyalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 8-2-2007 passed by the learned Single Judge in W. P. No. 4967/05 (S) = [2007 (2) M. P. H. T. 104].

(2.) BRIEF facts of the case are that on 10-9-1988 advertisement was issued in daily news paper for appointment on the post of Shiksha Karmi Grade 1, 2 and 3 in the schools falling within the jurisdiction of Municipal Council ganjbasoda. Selection Committee was constituted and committee conducted the interview on 8th and 9th April 1999 and submitted the list for approval to the dy. Director of Education Vidisha and Block Education Officer, Vidisha on 24-9-1999 and the list was approved by them. The list was also approved by the municipal Council through its resolution dated 21-10-1999 and the matter was referred to P. I. C. for approval. Because of the election of the Municipal Council and due to the enforcement of code of election conduct, the approval of PIC could not be given. After the election against the list was placed before the PIC on 16-4-2007 and it was approved. Thereafter vide letter dated 23-4-2001 appointment orders were issued by the Chief Municipal Officer, Ganjbasoda. In the appointment order, it was specifically mentioned that these appointments are subject to confirmation by the State Government. It was brought to our notice that subsequently by order dated 2-11-2002 (Annexure P-6), the collector referred the matter to Principal Secretary, Department of Urban administration and Development and by letter dated 3-9-2003 (Annexure P-7)Government examined the matter and found that under the rules approval from the Government before appointment is not necessary and it was directed that the payment of the salary to the employees be also made. Thereafter various letters were exchanged between the District Education Officer and the Chief municipal Officer Municipal Council Ganjbasoda and the Collector regarding the payment of salary to the appointed Shiksha Karmi. Directions were given but on 6-11-2005 all the petitioners eployees filed W. P. No. 4967/05 (S) seeking directions to the respondent employer about the payment of salary to the petitioners.

(3.) WRIT petition was contested and the stand of the Government was that the Government is not responsible for making the payment of salary to the respondents/employees as their appointment is not valid. Under the prevalent rules namely M. P. Municipality Shiksha Karmi (Recruitment and Conditions of service) Rules, 1998 (hereinafter shall be referred as 'rules of 1988' ). As per rule 5 (9) (e) (ii), the select list of each category shall only be valid for a period of nine months. Therefore, the objection of the Government was that the appointments were made contrary to the aforesaid provisions as the period had expired and list had lapsed. It was further objected that as per resolution dated 16-4-2001 the Government never approved the list and not affirmed the appointment made by the Council.