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2018 Supreme(Online)(MP) 982
HIGH COURT OF MADHYA PRADESH
R.S. Taretiya – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 384/2015
Dharmendra Singh Raghuwanshi,Advocate General
HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR DIVISION BENCH:
Hon'ble Shri Justice Sanjay Yadav &
Hon'ble Shri Justice Ashok Kumar Joshi WRIT PETITON NO.384 OF 2015 R.S. Taretiya and others Vs.
The State of Madhya Pradesh and another ******************
Shri MPS Raghuvanshi, learned counsel for the petitioners.
Shri Harish Dixit, learned Government Advocate, for the respondents/State.
********************
Whether approved for reporting: Yes/No
O R D E R
(14/09/2018)
Per Justice Sanjay Yadav:
With an object to give a new administrative set up to the School Education System in the State, the State of Madhya Pradesh brought in vogue State Education Services, vide Notification No.F 27-56-2012- chl-2 published in Madhya Pradesh Gazette (Extraordinary) dated 25.07.2013. The State introduced five level administrative set up i.e. sub-Block level, Block Level, District Level, Divisional Level and State Level. And created following posts to meet out staff pattern at various levels, which is reproduced below:
2- jkT; f'k{kk lsok ds xBu ds QyLo:i iwoZ ls Lohd`r inkas dks Lkek;ksftr djrs gq, uohu in lajpuk fuEukuqlkj jgsxh%&
Ø- ¼1½
inksa dk fooj.k ¼2½
oRkZeku lajpuk e a in la[;k ¼3½
uohu lajpuk e a Lohd`r in la[;k ¼4½
fjekdZ ¼5½
1-
,-bZ-vks-
--
3286 ,-bZ-vks-
3286 inksa ds fo:) ch-bZ- vks- ds 313] ch-vkj-lh- ds 322 ,oa tu f'k{kd ds 880 inksa dks bues a lek;ksftr djus ij dqy 1771 uohu in LOkhd`r gksaxsA
2-
i zkpk;Z] gkbZLdwy
4640
4640
&
3-
i zkpk;Z] m-ek-fo-
2660
2660
&
4-
lgk;d lapkyd
94
450
ftyk ifj;kstuk leUo;d loZ f'k{kk vfHk;ku ds 50 in] lgk;d lapkyd ds i o Z ls Lohd`r 94 in] ,DldsMj in] bl izdkj 160 in bl laoxZ esa miyC/k gS] vr% bl laoxZ ds 290 uohu in Lohd`r gksa s x s-
5-
mi lapkyd
50
96
i o Z ds 50 in] ,DldsMj ds 14 in ,oa inksUu;u ds 14 in] bl izdkj dqy 78 in Lohd`r gSa] vr% 'ks"k 18 uohu in Lohd`r gksaxsA
6-
la;qDr lapkyd
19
24
i o Z ds 19 ,oa ,DldsMj ds 5 in gksaxs-
7-
vij lapkyd
02
07
i o Z ds 02 in ,oa ,DldsMj ds 05 in gksaxs-
8-
lapkyd
02
03
lapkyd] lhesV ¼jkT; f'k{kk dsUnz½ vUrxZr 01 in ,DldsMj dk gksxk-
The Rule also lays down the procedure for filling up the posts at various levels by promotion, absorption and direct recruitment.
(2) It is pertinent to note that the State Education Service is brought in vogue during existence of Madhya Pradesh Education Service (School Branch) Recruitment & Promotion Rules, 1982. Therefore, in Rule 8 of the Rules of 2013, it is mentioned that necessary amendment shall be made in existing recruitment and promotion rules i.e in the Rules of 1982.
(3) That during pendency of present writ petition, the Governor in exercise of the powers conferred by proviso to Article 309 of the Constitution of India and in supersession of Madhya Pradesh Education Service (School Branch) Recruitment and Promotion Rules 1982 has framed Madhya Pradesh State and Sub-ordinate Education Services (School Branch) Recruitment and Promotion Rules, 2016 vide Notification No.F.01-01/2015/20-1 dated 12/07/2016 published in Madhya Pradesh Gazette. Rule 4 whereof provides for constitution of service which consists of (i) persons who at the commencement of the Rules (i.e. Rules of 2016) are holding substantively or in officiating capacity the posts specified in Schedule I; (ii) persons recruited to the service before commencement of these Rules and (iii) persons recruited to the service in accordance with provisions of these Rules. Furthermore, Rule 6 of the Rules of 2016 lays down the method of recruitment to the service after the commencement of these Rules by (i) selections through direct recruitment (ii) by promotion of members of the Madhya Pradesh State Education and Subordinate Service from a lower post/cadre as specified in column (2) of Schedule IV to a higher post/cadre, (iii) by transfer of persons from such cadre/service as may be specified in column (6) of Schedule II. Rule 7 mandates that all appointments to the vaca
