ORDER

1. These bunch of petitions raises a common issue that petitioners who were initially appointed as Shiksha Karmi/Samvida Shala Shikshak, who were later on absorbed in the cadre of Adhyapak w.e.f. 1.4.2007, have become Government servants with formation of Rajya Shaikshnik Samvarg in the year 2018, which has three tier system of Prathmik Shikshak i.e. Primary Teacher, Madhyamik Shikshak i.e. Middle Teacher and Uchcha Madhyamik Shikshak i.e. Higher Secondary School Teacher.

2. It is submitted that since petitioners have become Government servants, they are entitled to the benefit of the Madhya Pradesh Civil Services (Pension) Rules, 1976, which was applicable to all the employees of the State Government, who were appointed prior to 1.4.2005. It is submitted that since petitioners were appointed prior to 1.4.2005, therefore, on their merger with the State Government, they are entitled to the Old Pension Scheme.

3. Writ Petition No.10444/2020, Tribal Welfare Teachers Association v. State of Madhya Pradesh is taken as lead case and all the documents referred to herein, will be the documents from this petition.

4. Shri K.C. Ghildiyal, learned Senior Advocate, submits that Madhya Pradesh Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997, were framed by the State Government in the year 1997. Some of the petitioners were appointed under those Rules and some others under the Samvida Shala Shikshak (Appointment and Conditions of Contract) Rules, 2001.

5. It is submitted that thereafter Madhya Pradesh Panchayat Adhyapak Samvarg (Employment and Conditions of Services) Rules, 2008, were brought into force as are contained in Annx.P/5, and there was a Scheme that Shiksha Karmi Grade-III, will be absorbed as Sahayak Adhyapak, Shiksha Karmi Grade-II as Adhyapak and Shiksha Karmi Grade-I as Varishth Adhyapak. Analogous provisions were made with regard to the Rules of 2001. Thereafter, in the year 2018, Rajya Shaikshanik Samvarg has been prepared and came in force and now there is a common cadre, namely, Rajya Shaikshanik Samvarg.

6. Petitioner's contention is that after becoming part of Rajya Shaikshanik Samvarg, they are entitled to be treated retrospectively from the date of their initial appointent to be members of the State Civil Service entitling them to the benefits as are admissible to the civil servants under the Madhya Pradesh Civil Services (Pension) Rules of 1976 and to support this submission, reliance is placed on section 51 of Madhya Pradesh Panchayat Rajya Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as Act of 1993 for short).

7. Reading from section 51 of the Act of 1993, it is submitted that the State Government has been given authority to entrust to a Janpad Panchayat or Zila Panchayat functions in relation to any matter in which the executive authority of the State Government extends or in respect of functions which have been entrusted to the State governmnt by the Central Government and the Janpad Panchayat or Zila Panchayat shall be bound to perform such functions. It shall have necessary powers to perform such functions.

8. Reading Sub-section (2) of section 51 of the Act of 1993, it is pointed out that since the functions which are entrusted to a Janpad Panchayat or Zila Panchayat under Sub-section (1), the concerned Zila Panchayat or Janpad Panchayat has to act as an agent of the State Government and they are to be paid by the State Government such sum as may be deemed necessary for discharging the functions entrusted to it under this section. Therefore, in view of the provisions contained in sub-section (4) of section 52 of the Act of 1993, where, there is a provision for general control of the State Government or any other authority appointed by it, it is submitted that de facto petitioners have been employees of the State Government and, therefore, they are entitled to count for all the benefits which accrued to a civil servant under the State.

9. In this backdrop, petiti