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PATNA HIGH COURT
Mr. Justice Arun Kumar Jha
The Navodaya Vidyalaya Samiti (NVS) – Appellant
Versus
Mithilesh Kumar – Respondent
CWJC/1247/2022
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, Mithilesh Kumar, 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-servant relationship with the State government. The court noted that the State government's role was limited to providing funds and 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.
Ratio Decidendi: The court relied on the provisions of the Bihar Panchayati Raj Act, which establishes the Zila Parishad as a separate entity with its own internal functions. The court held that the State government's role was limited to providing funds and supervision, and that the Panchayat Teacher did not have a master-servant relationship with the State government.
Final Decision: The court set aside the order of the CAT and affirmed the transfer order of the respondent. The court also directed the petitioners 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.1247 of 2022
======================================================
1.
The Navodaya Vidyalaya Samiti (NVS) through the Commissioner, Navo-
daya Vidyalaya Samiti, Department of School Education and Literacy, Min-
istry 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, Nava Nagar, District - Buxar -
802129 (Bihar).
... ... Petitioner/s
Versus
Mithilesh Kumar Son of Sri Arjun Paswan, Librarian, Jawahar Navodaya
Vidyalaya, Nava Nagar, Buxar, Resident of Village/Post - Kachhubi, P.S. -
Lakhnaur, District - Madhubani - 847109 (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Siddhartha Prasad Advocate
For the Respondent/s
:
Mr. Anshuman Singh 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
State government is confined to the extent
of providing grant in aid to the Panchayati
Patna High Court CWJC No.1247 of 2022 dt.09-01-2023
2/5
Raj Institutions/local bodies for payment of
salary to such teachers and provides infras-
tructural 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 re-
spondent’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 unifi-
cation of NVS spouse for promoting better
living and working atmosphere within or-
ganisation, the transfer on grounds of
spouse unification may be governed in fol-
lowing 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 sup-
plied)
(iv) All spouses having served a
full tenure (10 years/ 05 years as applicable
to their cadre or 10 year if one member is
Patna High Court CWJC No.1247 of 2022 dt.09-01-2023
3/5
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 opportu-
nity 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 taken to post the dis-
placed employee within state boundary sub-
ject to availabili
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