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PATNA HIGH COURT
Mr. Justice Arun Kumar Jha
The Navodaya Vidyalaya Samiti (NVS) – Appellant
Versus
Nitin Roy – Respondent
CWJC/1221/2022
TRANSFER POLICY - SPOUSE GROUND - STATE GOVERNMENT EMPLOYEE - PANCHAYAT TEACHER - NOT COVERED
Fact of the Case:
The petitioner, Navodaya Vidyalaya Samiti, challenged the order of the Central Administrative Tribunal (CAT) directing the transfer of the respondent, Nitin Roy, on the ground of spouse unification. The respondent's spouse was a Panchayat Teacher working with the Zila Parishad.
Finding of the Court:
The court held that the CAT erred in extending relief to the respondent as his spouse, a Panchayat Teacher, did not have a master and servant relationship with the State government. The court noted that the State government's role was limited to providing funds and overall supervision to the Zila Parishad, and that the internal functions of the Zila Parishad were left to the Zila Parishad itself.
Issues: Whether a Panchayat Teacher working with the Zila Parishad is a State government employee for the purpose of transfer on spouse ground under the petitioner's transfer policy.
Ratio Decidendi: The court relied on the provisions of the Bihar Panchayati Raj Act to conclude that the staff of Gram Panchayats and other local bodies, including Panchayat Teachers, do not have a nexus with the State government except for the State government providing funds and overall supervision. Therefore, the court held that the respondent's spouse was not a State government employee and the respondent was not entitled to transfer on spouse ground.
Final Decision: The court set aside the order of the CAT and affirmed the order of transfer of the respondent. The petitioners were given the liberty to take a fresh decision on the transfer and posting of the respondent.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1221 of 2022
======================================================
1.
The Navodaya Vidyalaya Samiti (NVS) through the Commissioner,
Navodaya Vidyalaya Samiti, Department of School Education and Literacy,
Ministry of Education, Government of India, B-15, Institutional Area,
Sector-62, Noida, District- Gautam Budh Nagar- 201309 (UP).
2.
The Deputy Commissioner, Navodaya Vidyalaya Samiti, Department of
School Education and Literacy, Ministry of Education, Government of India,
Regional Office, Karpuri Thakur Sadan, Kendriya Karyalay Parisar, Block-
A and B, 5th Floor, Ashiyana Digha Road, Patna- 800025 (Bihar).
3.
The Principal, Jawahar Navodaya Vidyalaya, Samastipur, P.O.- R.O. Birauli,
District- Samastipur- 848113 (Bihar).
... ... Petitioner/s
Versus
Nitin Roy Son of Sri Lalan Singh Junior Secretariate Assistant (JSA), Jawahar
Navodaya Vidyalaya, Samastipur, Resident of Quarter No.13, Post- R.I.
Birauli, District- Samastipur- 848113 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Siddhartha Prasad Advocate
For the Respondent/s
:
Mr. Munna Pd Dixit (M.P. Dixit) Advocate
Mr. S.K. Dixit Advocate
Mr. S.K. Chaubey Advocate
Mrs. Swastika Advocate
For State : Mr. Apurva Kumar Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 09-01-2023
Service of notice to respondent is completed. Matter
is taken up for final disposal.
Pursuant to previous orders, the State Government has
filed their counter affidavit.
Para 9 and 11 of the counter affidavit read as under:-
“9. That in matters of
Patna High Court CWJC No.1221 of 2022 dt.09-01-2023
2/5
panchayat/Niyojit teachers, the role of the
State government is confined to the extent
of providing grant in aid to the Panchayati
Raj Institutions/local bodies for payment of
salary to such teachers and provides
infrastructural support to such institutions.
11. That thus it is submitted that
panchayat teachers/niyojit teachers do not
come under the state government.”
Core issue involved in the present lis is whether
respondent’s spouse who is staff of the Zila Parishad could be
treated as staff of the State government or not?
Para 5 of the notice-Transfer Guidelines 2018 dated
02.04.2018 reads as under:-
“5. Transfer on priority (spouse
ground): NVS, through provisions of its
transfer policy and guidelines extends due
priority in transfer for unification of
spouse. However, in order to facilitate
unification of NVS spouse for promoting
better living and working atmosphere
within organisation, the transfer on grounds
of spouse unification may be governed in
following order of priority:
(i) NVS Spouse (to be given top
priority for seeking transfer where both the
employees are NVS employee). It will also
cover the case of those spouse whose
wife/husband has died while in service.
(ii) Central Govt. Spouse (to be
given priority after NVS Spouse where one
employee is in NVS while the other is in
Central Govt).
(iii) State Govt. Spouse (to be
given priority after NVS and Central Govt.
spouse where one employee is in NVS while
the other is in State Govt). (underline
supplied)
Patna High Court CWJC No.1221 of 2022 dt.09-01-2023
3/5
(iv) All spouses having served a
full tenure (10 years/ 05 years as applicable
to their cadre or 10 year if one member is
of 10 year tenure and other member is if 05
year tenure) under unified status may be
treated as deemed vacant and are liable to
be displaced in order to maximise
opportunity for other employees to serve
there. However, due care may be taken to
keep the spouse unified, if dis
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