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PATNA HIGH COURT
Mr. Justice Arun Kumar Jha
The Navodaya Vidyalaya Samiti (NVS) – Appellant
Versus
Dr. Umesh Kumar Yadav – Respondent
CWJC/1338/2022
TRANSFER POLICY - SPOUSE UNIFICATION - STATE GOVERNMENT EMPLOYEE - PANCHAYAT TEACHER - NOT A STATE GOVERNMENT EMPLOYEE
Fact of the Case:
The petitioner, Navodaya Vidyalaya Samiti, challenged the order of the Central Administrative Tribunal (CAT) directing the transfer of the respondent, a teacher in Jawahar Navodaya Vidyalaya, 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 respondent's spouse, being a Panchayat Teacher, was not a State government employee. The court relied on the provisions of the Bihar Panchayati Raj Act, which established the Zila Parishad as a separate entity with its own internal functions and staff.
Issues: Whether a Panchayat Teacher is a State government employee for the purpose of spouse unification under the transfer policy of Navodaya Vidyalaya Samiti.
Ratio Decidendi: The court held that the State government's role in relation to the Zila Parishad was limited to providing funds and overall supervision, and that the staff of the Zila Parishad did not have a master and servant relationship with the State government. Therefore, the respondent's spouse, being a Panchayat Teacher, was not a State government employee for the purpose of spouse unification under the transfer policy of Navodaya Vidyalaya Samiti.
Final Decision: The court set aside the order of the CAT and affirmed the order of transfer of the respondent.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1338 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, Place / PO - Rampatti, District-
Madhubani - 847236 (Bihar).
... ... Petitioner/s
Versus
Dr. Umesh Kumar Yadav Son of Lakshmi Narayan Yadav Post Graduate
Teacher (BIO), Jawahar Navodaya Vidyalaya, Samastipur, Resident of
Quarter No. 28, 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
======================================================
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
panchayat/Niyojit teachers, the role of the
Patna High Court CWJC No.1338 of 2022 dt.09-01-2023
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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)
(iv) All spouses having served a
Patna High Court CWJC No.1338 of 2022 dt.09-01-2023
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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 displaced, in any
other JNV subject to availability of
vacancy. In case of dis
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