IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE VIVEK JAIN ON THE 15^th OF SEPTEMBER, 2025 WRIT PETITION No. 8083 of 2019 PUSHPA TIWARI Versus THE STATE OF MADHYA PRADESH AND OTHERS ……………………………………………………………………………………………

Appearance:

Shri Rohit Sohgaura - Advocate for the petitioner.

Ms. Supriya Singh -Dy. Govt. Advocate for the respondents / State.

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O R D E R

By way of this petition the petitioner has put to challenge the order Annexure P-9 whereby the representation of the petitioner for calculation of previous services rendered in private school has been rejected. Further challenge is made to order Annexure P-10 dated 30.12.2015 whereby the State Government has withdrawn the circular dated 27.08.1982/01.09.1982 in the matter of reckoning of past services rendered by the teachers absorbed from Janpad Sabha/local authorities/non-government schools.

2. The facts of the case are not at all in dispute. The petitioner was undisputedly appointed as teacher in a private school known as Janta Higher Secondary School, Rewa on 1.8.1975. The said school was taken over by the State Government vide order Annexure P-3 dated 13-12-1996 and the services of three teachers were taken over by the absorption order Signature Not Verified Signed by: NAVEEN KUMAR which are Anusuiya Tiwari, Raghuvar Prasad Tiwari and the petitioner Pushpa Tiwari.

3. The other teacher namely Raghuvar Prasad Tiwari has admittedly been granted the benefit of calculation of past services rendered in the said school for the purpose of pension and this is not Disputed. The PPO issued to said Raghuvar Prasad Tiwari is on record as Annexure P-11 whereby his services have been counted right from the year 1970 for the purpose of calculation of pension.

4. The petitioner has also undisputedly paid an amount of Rs.1,16,011/- in Government Treasury towards the Contributory Provident Fund which was deducted from the petitioner and part contributed by her employer and the said amount of Rs.1,16,011/- has been paid to Government Treasury vide Annexure P-4 in November 2015. The services of the petitioner for the purpose of calculation of pension have been counted from the date of takeover i.e. 1996 till the date of her ultimate retirement which took place on 31.07.2016.

5. The State Government had been taking over the services of non- government teachers by taking over the non-government institutions since a long time though the said practice has now been discontinued after the year 2002. The State Government initially issued a circular dated 21.01.1972 in the matter of takeover of the services of teachers working in schools run by Janpad Sabha/local authorities which was in view of the fact that the services under the Janpad Sabha/ local authorities were pensionable services and detailed instructions were issued that in what manner the previous services would be counted for the purpose of calculation of pensionary benefits. As per Clause (ब) of the circular dated 21.01.1972 it Signature Not Verified Signed by: NAVEEN KUMAR was provided that if the previous services of the teacher are governed by Contributory Fund Scheme then upon returning the entire CPF contribution along with interest, the services would be reckoned to be calculated for the purpose of pension when the employee ultimately retires from the State Government.

6. The aforesaid circular was later on succeeded by another circular dated 27.08.1982/01.09.1982 whereby the scope of circular of 1972 was enlarged to include non-governmental institutions also and by keeping other terms and conditions of circular of 1972 unchanged, the scope was enlarged to schools being run by non-governmental institutions also and now the result of the circular dated 27.08.1982/01.09.1982 was that upon takeover of the schools of Janpad Sabha/local authorities as well as those of private institutions upon the services of the teachers being absorbed in services of the State Government, the previou