The High Court Of Madhya Pradesh

The High Court Of Madhya Pradesh

WP No. 2140 of 2013

(RANDHIR SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 13-01-2022

Heard through Video Conferencing.

Shri Bhupendra Shukla, learned counsel for the petitioner.

Shri Pushpendra Verma, learned Panel Lawyer for respondent nos. 1, 2

and 3/State.

Petitioner's contention is that petitioner who was working as 'Teacher'

superannuated from service on 31/01/2011 on completing the age of 62

years. Thereafter, his services were requisitioned to work till 30/04/2011 on

the principle of 'pay minus pension' as is evident from the order dated

11/03/2011 passed by the District Education Officer, Rewa.

Learned counsel for the petitioner places reliance on the certificate

issued by Headmaster of Shaskiya Purv Madhyamik Vidyalaya, District Rewa

to demonstrate that petitioner worked for academic session 2011-12 and

2012-13 but was treated to be a 'Guest Lecturer' and has not been paid the

salary on the principle of 'Pay minus pension'.

Learned counsel for the petitioner submits that petitioner received

remuneration on the rates admissible for the 'Guest Lecturer' for the academic

period for the session 2011-12 and 2012-13 but his contention is that once he

was appointed to discharge duties on the principle of 'pay minus pension',

then that engagement could not have been changed by the Headmaster in a

unilateral manner. On such premise, he claim arrears of salary on the

principle of 'pay minus pension' for the academic session 2011-12 and 2012-

13.

Learned Panel Lawyer opposes the prayer and submits that vide order

dated 11/03/2011, petitioner's engagement on the principle of 'pay minus

pension' basis was only till the end of academic session i.e. 30^th April, 2011

and, therefore, in the absence of there being any order to show that

petitioner's services were requisitioned and reengaged on terms and

1

Digitally signed by VAIBHAV YEOLEKAR

Date: 2022.01.14 12:28:20 IST

SAN

Signature Not Verified

(VIVEK AGARWAL)

JUDGE

conditions on the principle of 'pay minus pension' for the academic year

2011-12 and 2012-13, he cannot claim any relief as has been sought by him.

After hearing learned counsel for the parties and taking into

consideration the fact that vide order dated 11/03/2011, the District Education

Officer, Rewa had engaged petitioner's services till the end of that academic

session i.e. upto 30/04/2011 in terms of School Education Department

circulars dated 29/03/2010 and 11/08/2010 which provides for engagement of

a retired teacher till the end of academic session on the principle of ' pay

minus pension'. It cannot be deemed that petitioner's services were continued

on the same principle of 'pay minus pension' for the academic session 2011-

12 and 2012-13 in the absence of any specific order in this behalf.

Merely, on the basis of certificate issued by the Headmaster that

petitioner had discharged his duties as a 'Guest Teacher' for the academic

session 2011-12 and 2012-13 will not entitle the petitioner to claim difference

of remuneration on the principle of 'pay minus pension' when there is no

specific order on record to demonstrate said engagement and, therefore, this

petition being devoid of merits deserves to be dismissed inasmuch as

petitioner has failed to establish any right to claim difference of wages for the

academic session 2011-12 and 2012-13 on the principle of 'pay minus

pension' in the absence of any written order by the competent authority in this

behalf.

Accordingly, the petition fails and is dismissed.

vy

2

Digitally signed by VAIBHAV YEOLEKAR

Date: 2022.01.14 12:28:20 IST

SAN

Signature Not Verified

Digitally signed by VAIBHAV YEOLEKAR

Date: 2022.01.14 12:28:20 IST

SAN

Signature Not Verified