IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1066 of 2022

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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, 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 Karyalaya Parisar, Block-

A and B, 5th Floor, Ashiyana Digha Road, Patna-800025 (Bihar).

3.

The Principal, Jawahar Navodayal Vidyalaya, Darbhanga-847405 (Bihar).

... ... Petitioner/s

Versus

Dharamvir Kumar son of Late Bhola Prasad, Trained Graduate Teacher

(Math) at Jawahar Navodaya Vidyalaya, Darbhanga, Resident of Village-

Sarwarpur, PO-Pipradadan, District-Sitamarhi (Bihar), Pin-843317.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. K.N. Singh, ASG

Mr. Siddhartha Prasad, Advocate

For the Respondent/s

:

Mr. Apurva Kumar AC to GA-12

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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. Since

none appears, 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.1066 of 2022 dt.09-01-2023

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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)

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(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 displaced, in any

other JNV subject to availability of

vacancy. In case of displacement of State /

Central Govt Spouse, care will be take