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VIVEK AGARWAL
Tribal Welfare Teachers Association President D. K. Singore – Appellant
Versus
State of M. P. – Respondent
Headnote: Read headnote
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
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
The petitioners could not be regarded as having entered into the State Education Cadre of the Government of Nagaland until the notification was issued on 02.09.2022, bringing them within the service ....
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