IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 30 OF OCTOBER, 2025 WRIT PETITION No. 9610 of 2025 RAMMANI SHUKLA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shankar Dayal Mishra - Advocate for the Petitioner.

Shri V.P. Tiwari - Government Advocate for the Respondent/State.

ORDER The Petitioner was appointed as Assistant Teacher in a Private Institution on 15.02.1980 and was promoted therein on the post of Upper Division Teacher on 01.01.1982. The School was thereafter taken over by the State Government on 11.05.1984 and the Petitioner also stood absorbed in Government service on the post of Upper Division Teacher. The Petitioner has since retired on 30.11.2014 and thereafter, though the Respondent/State has settled the pension and other retiral benefits of the Petitioner, but has refused to reckon the services spent in Private Institution prior to his take over for the purpose of calculation of Pension of the Petitioner.

2. In the impugned Order Annexure P-6, the respondents have relied on an Order dated 30.12.2015 issued by the State Government whereby the earlier Order dated 29.08.1982/01.09.1982 granting reckoning of pre-take over service of such Schools has been withdrawn by the State finding it to be Signature Not Verified in contravention of the spirit of initial Office Memorandum dated

21.01.1972.

3. The aforesaid issue has been recently decided by this Court in Writ Petition No.8083/2019 and it has been held that though the State could have withdrawn the Circular dated 29.08.1982/01.09.1982 but such withdrawal of Circular would not apply to those Teachers who stood already taken over and absorbed in the services of the State Government prior to issuance of the withdrawal Circular dated 30.12.2015.

4. In Writ Petition No.8083/2019, this Court has passed the following Order:-

"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 Further challenge is made to order Annexure P-10 dated 30.12.2015 whereby the State Government has withdrawn the circular dated 27.08.1982/01.09.1982 in the matter of reckoning of past services rendered by the teachers absorbed from Janpad Sabha/local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 which are Anusuiya Tiwari, Raghuvar Prasad Tiwari Signature Not Verified 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 nongovernment 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 c