NEERAJ SINGH SOLANI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under v 226 of the Constitution of India has been filed challenging the orders dated 7-7-2017 and 22-8-2017 passed by respondents no. 3 and 2 respectively by which the earlier order dated 15-10-2016 has been cancelled.

(2.) The necessary facts for disposal of the present petition in short are that the Petitioners were appointed on the post of Shiksha Karmi as per the provisions of M. P. Panchayat Shiksha Karmi (Bharti Tatha Sewa Ki Sharten) Niyam, 1997 (In short ''Rules, 1997'') and were posted in different schools. A decision was taken by the State Govt. to create a new cadre of Adhyapak and the petitioners were absorbed on the post of Adhyapak under M. P. Panchayat Adhyapak Samvarg (Employment and condition of Service) Rules, 2008 (In short ''Rules 2008'') and were posted in the same school. It is further pleaded that by circular dated 21-2- 2013, the pay scale of the petitioners were revised and they were also given the advantage of Krammonnati and Promotion. Thereafter, again by circular dated 4- 9-2013, a decision was taken to grant the pay scale equal to the teacher cadre which was being granted in the Govt. School. Thereafter a decision was taken to extend the benefit of recommendation of 6 th pay commission to the Adhyapak Cadre and accordingly circular dated 25-2-2016 was issued. Thereafter, a circular dated 31-5-2016 was issued wherein it was mentioned that the pay scale shall granted on the basis of the present pay scale which is allowed to Adhyapak Cadre. Thereafter, a letter was issued and the circular dated 31-5-2016 was kept in abeyance. Thereafter, new circular dated 15-10-2016 was issued, for granting the pay scale provided on the basis of the existing pay scale. Thereafter, under an impression that there is an anomaly in the circular dated 15-10-2016, therefore, order dated 7-7-2017 has been issued for grant of benefits of recommendation of 6th pay commission on the basis of the period put in the cadre of Adhyapak and not on the basis of existing pay scales. Again, an order has been issued on 22-8- 2017, making a clarification to the circular dated 7-7-2017, mentioning that the directions issued in respect of promotion and Krammonnati would be applicable only after 1-1-2016. Again another circular dated 21-12-2017 has been issued, thereby clarifying the circulars dated 7-7-2017 and 22-8-2017.

(3.) Challenging the circulars dated 7-7-2017, 22-8-2017 and 29-12-2017, it is submitted by the Counsel for the petitioners that initially the petitioners were appointed as Shiksha Karmi and thereafter, they were absorbed in the Adhyapak Cadre, and therefore, the benefit of 6th Pay Commission should have been given on the existing pay scale and not on the basis of the period of service rendered by them in Adhyapak Cadre. It is submitted that by order dated 30-6-2017, it was also directed by the School Education Department, that the services of the Shiksha Karmies after their absorption in the cadre of Adhyapak shall deemed to be in continuity. Therefore, the services rendered by the petitioner as Shiksha Karmi should be into consideration for the purposes of grant of benefit of recommendation of 6th pay commission.