IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI WRIT PETITION No.17179 OF 2021 PARMENDRA SINGH SIKARWAR AND OTHERS Versus STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri R.B.S. Tomar - learned counsel for the petitioners.

Ms. Ekta Vyas- learned Panel Lawyer for respondents no.1 to

4/State.

Shri Anil Sharma- learned counsel for respondent no.5.

Reserved on : 11/11/2025 Delivered on : 17/12/2025

ORDER

1. The petitioners have filed this writ petition challenging the order dated 15/11/2019 (Annexure-P/1) whereby their claim for payment of regular pay scale was denied on the ground that they are not working against sanctioned post.

2. The facts necessary for decision of this case are that the petitioners were appointed on various non-teaching posts in Saraswati Girls Higher Secondary School Gormi, District- Bhind (M.P.). Initially this school was run by a private society namely- Ramnath Singh Shiksha Prasar Samiti, Gormi, District- Bhind (M.P.). In the year 1998, the Government decided to take over certain private schools. However, the aforesaid school was not covered by the said decision. Accordingly, writ petition being W.P. No.1881/1998 was filed seeking a direction to the Government to take over this school also. It is stated that this petition was disposed off directing the respondents to consider taking over this school also. The Government thereafter passed the order dated 22/03/2002 (Annexure P/1A) according its approval to take over as many as 54 private schools and to place them under the administrative control of Jila Panchayat and local bodies. As per this order, the Principal and teachers were working in these schools shall be appointed as Samvida Shala Shikshak. It is also clarified in this order that the payment to the staff shall be made by the local bodies from the grant-in-aid to be provided by the Directorate of Public Instructions. At serial no.37 of list appended to this order, the name of the aforesaid school is mentioned.

3. It appears that matter for absorption of the Principal/teachers of the school was placed before the Screening committee. The recommendation in this regard was submitted before the Collector, Bhind. The Collector in turn, vide memo dated 09/10/2002 (Annexure- P/2) sought guidance from the School Education Department regarding absorption of the Principals/Lecturers/Teachers named in the orders who were found to be under qualified for absorption on the post. The Government, in turn, vide memo dated 17/10/2002 asked the Collector, Shivpuri to act as per the instructions issued vide memo dated 22/03/2002.

4. In accordance with the aforesaid order passed by the State Government, the administrative control of the school was placed under Nagar Parishad, Gormi. The Chief Municipal Officer issued an order on 26/12/2002 (Annexure- P/3) thereby appointing the staff of the school on contract basis. As per the terms of this order, the council accorded its approval to appoint the staff on contract basis with a condition that salary to the staff shall be paid out of the funds to be provided by Department of Public Instructions and not from the funds of the council. The petitioners’ name finds place at serial no.29 to 33 of this order wherein petitioners no.1 & 2 are appointed as Assistant Grade-II & III respectively while the petitioner no.3 to 5 were appointed as Peon on consolidated salary.

5. Various litigations have been filed concerning taking over of the school in question. When even after taking over the school, the salary was not paid to the staff of the school, W.P. No.1817/2004 was filed by one Ku. Kalpana Dixit before this Court. A relief was sought for issuance of direction to the respondents to release adequate funds for payment of salary to the staff of the school with effect from the date the school was taken over i.e. 26/12/2002. The State Government came up with a defense that the school has not been taken over by the State Government and vide order d