MADHYA PRADESH HIGH COURT ISSUES ORDER FOR SUSHEEL KUMAR RAHANGDALE AND OTHERS V/S THE STATE OF MADHYA PRADESH AND OTHERS CASE

JABALPUR, India, Nov. 27 -- Madhya Pradesh High Court issued the following judgment/order on Oct. 29:

1. This instant intra court appeal is preferred under Section 2 (1) of M.P. Uchch Nyayalaya (Khand Nyayapeeth Ko Appeal), Adhiniyam, 2005 assailing order dated 21.07.2025 passed by learned Single Judge in W.P. No.8153/2021, whereby the learned Single Judge issued direction that appellants who had been transferred before 01.07.2018 to School Education to Non Tribal Blocks will be absorbed in the School Education Department and others will be absorbed in Tribal Welfare Department.

2. Short facts of the case are that, appellants were working as Samvida Shala Shikshaks in various schools managed by respective Jila/Janpad Panchayats under the provisions of Madhya Pradesh Panchayat Adhyapak Samvarg (Niyojan Evam Seva Ki Sharten) Rules, 2008 and Madhya Pradesh Nagariya Nikaya Adhyapak Samvarg (Niyojan Evam Seva Ki Sharten) Rules, 2008. As per the rules, after completing three years of service as Samvida Shala Shikshak, the candidates were entitled for appointment in Adhyapak Samvarg and accordingly appellants were appointed in Adhyapak Samvarg. The State Government on 10.07.2017 permitted the School Teachers of Adhyapak Samvarg seeking their transfer from one local body to another. Schools were categorized as Tribal Block and Non Tribal Block. Thereafter, State Government promulgated new sets of rules in the year 2018 known as Madhya Pradesh School Education Services (Teaching Cadre) Service Conditions & Recruitment Rules, 2018 and Madhya Pradesh Tribes and Scheduled Castes Teaching Cadre (Services and Recruitment) Rules, 2018. Under these rules, the teaching cadre are consisting of post of Prathmik Shikshak, Madhyamik Shikshak and Uchch Madhyamik Shikshak and all the teachers working under the local bodies were brought under the direct control of the State Government by creating State Level Cadre. On the date of enforcement of the rules, the teachers working in Tribal Blocks were permitted to be absorbed in Tribal Welfare Department and the Teachers were working in the Non Tribal Blocks were permitted to be absorbed in School Education Department.

3. Rules of 2018 were became effective as per Rule 1(2) thereof w.e.f. 01.07.2018. All the appellants were working in Schools of Tribal Block, however immediately after enforcement of the Rules, they were transferred to Non Tribal Blocks. Later on their transfer orders were cancelled and they challenged the same in W.P. No.28095/2018, which was decided in Lok Adalat and the cancellation orders were set aside with a liberty to pass a fresh orders. Thereafter, again fresh orders were passed, which were challenged in W.P. No.20044/2020 and once again the said petition was decided on 14.05.2022 in Lok Adalat with similar direction the cancellation of transfer orders are set aside.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2420/WA_2420_2025_FinalOrder_29-10-2025_digi.pdf)

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