STATE OF M P Vs. DHARMDAS PATEL

JUDGEMENT

(1.) THE writ appeal has been preferred by the State of Madhya Pradesh aggrieved by order dated 3.8.2005 passed by learned Single Judge in W.P. No. 10772/2003.

(2.) THE respondent was earlier working in Adarsh Higher Secondary School, Khera, District Rewa. He was initially appointed as Asst. Teacher in the year 1979 as per order (A-1) dated 20.6.1979. Later on he was appointed as UDT as against the post of Craft Teacher in the scale of Rs. 246-460/-. On 15.12.1984/17.12.1984 the State Government took a decision to take over the institution. The services of the respondent were taken over by the State Government. He was absorbed as Asst. Teacher in the pay scale of Rs. 545-925/- though he was serving on the higher post of UDT w.e.f. 1981. The respondent has submitted that his absorption on the lower post than he was holding was not proper, he was having requisite qualification for the post of teacher (UDT), thus his absorption should have been made in the pay scale of Rs. 740-1180/-.

(3.) SHRI Samdarshi Tiwari, learned Government Advocate appearing on behalf of State has submitted that it is a case where in the staffing pattern, there were only 5 posts of teachers. As per the seniority the respondent was not falling within the five posts of teachers sanctioned for school as per the staffing pattern. Consequently, he was absorbed as Asst. Teacher as against the post of Craft Teacher as per order (A-7) in the pay scale of Rs. 545-925/-. The impugned order passed by Single Bench is bad in law, same deserves to be quashed.