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VIVEK RUSIA, BINOD KUMAR DWIVEDI
School Education Department – Appellant
Versus
Mohammad Salim Khan – Respondent
ORDER
Per: Justice Vivek Rusia
1. Regard being had to the similitude in the controversy involved in the present cases, with the joint request of the parties, these appeals are finally heard and decided by this common order. Facts of Writ Appeal No.909 of 2018 are narrated hereunder:
2. The State of Madhya Pradesh and two others have filed this writ appeal against the judgment dated 15.3.2018, in which the Writ Court allowed Writ Petition No.2595 of 2017 by directing appellants to post and absorb respondent No.1 in any other non-government-aided institution with 50% back wages.
The facts of the case in short are as under:
3. Respondent No.1 was working as an Assistant Teacher in the school run by respondent No.2 which was a Non-Government educational institution, but receiving a grant-in-aid from the State Government. The State Government discontinued the grant-in-aid w.e.f. 28.4.2016 because of which respondent No.2 decided to close down the school permanently, resulting in respondent No.1 being jobless. Respondent No.1 approached the Writ Court by way of writ petition inter alia on the ground that he has rendered 35 years of service and suddenly became unemployed because of stoppage of
The principle of parity mandates that similarly situated individuals must be treated equally in matters of service absorption and benefits.
The court upheld that differential treatment in service absorption timelines does not violate constitutional rights as long as prior benefits remain intact.
The court established that absorption into aided posts requires individual assessment based on employment terms and adherence to selection procedures.
Absorption into grant-in-aid posts requires adherence to legal procedures and prior approval, which were not followed in the petitioners' initial appointments.
Teachers appointed in unaided posts are entitled to consideration for absorption into aided vacancies if their appointments were valid and similar cases were absorbed.
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