Service Regularisation Benefits Under 1985 Circular Limited to Government Teachers, Not Private Aided Schools: MP HC

The Madhya Pradesh High Court recently clarified the scope of a 1985 government circular converting Lab Assistants to Assistant Teachers, holding that its benefits extend only to government schools and not private aided institutions. However, the Court allowed the petitioner’s claim for counting entire service length for kramonnati benefits, providing partial relief in a long-standing service dispute.

Background & Facts

The Dispute

The petitioner, Murlidhar Sukheja, a Lab Assistant in a private aided school, sought regularisation of his service as an Assistant Teacher (Science) under a Circular dated 01.10.1985 issued by the State Government. The Circular converted 932 posts of Lab Assistants to Assistant Teachers in the pay scale of Rs. 545-925/-. The petitioner claimed entitlement to salary and benefits from 09.09.1986, the date of his appointment, and sought counting of his past service for kramonnati (career progression) benefits.

Key Facts

• 01.10.1985: State Government issued a Circular converting Lab Assistants to Assistant Teachers in government schools.
• 09.09.1986: Petitioner’s appointment as Lab Assistant in a private aided school.
• 11.11.2019: High Court passed an order in W.P. No. 8062/2016, extending similar benefits to private aided schools from 14.06.1999.
• 2025: Petitioner filed the present writ petition seeking benefits from 01.10.1985 and counting of entire service for kramonnati.

Procedural History

• W.P. No. 8062/2016: High Court directed conversion of Lab Assistants to Assistant Teachers in private aided schools, granting benefits from 14.06.1999.
• 2025: Present writ petition (W.P. No. 45356/2025) filed seeking:
  • Salary as Assistant Teacher from 09.09.1986.
  • Counting of past service for kramonnati benefits.
  • House Rent Allowance (HRA).

Relief Sought

The petitioner sought:

1. Directions to grant salary as Assistant Teacher (Science) from 09.09.1986.
2. Counting of entire service length, including tenure as Lab Assistant, for kramonnati benefits.
3. Grant of House Rent Allowance (HRA).

The Legal Issue

The central question was whether:

1. The Circular dated 01.10.1985 applied to private aided schools, entitling the petitioner to benefits from 01.10.1985.
2. The petitioner’s entire service length, including tenure as Lab Assistant, could be counted for kramonnati benefits.

Arguments Presented

For the Petitioner

• The Circular dated 01.10.1985 should apply retrospectively to private aided schools, granting benefits from 01.10.1985.
• The petitioner’s continuous service as Lab Assistant should be counted for kramonnati benefits, as the post was converted to Assistant Teacher.
• Reliance was placed on the Court’s order in W.P. No. 8062/2016, which extended similar benefits to private aided schools.

For the Respondent/State

• The Circular dated 01.10.1985 was issued exclusively for government schools and did not extend to private aided schools.
• Benefits to private aided schools were granted only from 14.06.1999 pursuant to the Court’s order in W.P. No. 8062/2016, and not from 01.10.1985.

The Court's Analysis

The Court examined the Circular dated 01.10.1985 and held that it was issued specifically for government schools, with no mention of private aided schools. The extension of benefits to private aided schools was a result of the Court’s order in W.P. No. 8062/2016, which granted benefits from 14.06.1999, not 01.10.1985.

"On perusal of Circular dated 01.10.1985, it is found that Circular was issued in respect of Government Teachers. There was no such Circular to grant benefits to Teachers in private aided schools. It is by virtue of Court order dated 11.11.2019, similar benefit was granted to Assistant Teachers in private aided schools. Benefits to them was granted from 14.06.1999."

Regarding the kramonnati claim, the Court noted that the petitioner had been continuously working as a Lab Assistant, and the post was subsequently converted to Assistant Teacher. The State could not contradict the petitioner’s argument that entire service length should be counted for kramonnati benefits.

The Verdict

The Court disposed of the writ petition with the following directions:

1. The petitioner’s claim for salary as Assistant Teacher from 09.09.1986 was rejected, as the Circular dated 01.10.1985 applied only to government schools.
2. The petitioner’s claim for counting entire service length, including tenure as Lab Assistant, for kramonnati benefits was allowed.
3. The respondents were directed to complete the exercise of granting kramonnati benefits within 60 days from the receipt of the certified copy of the order.
4. The petitioner was granted liberty to file a fresh representation for House Rent Allowance (HRA), which the respondents were directed to consider in accordance with law within a reasonable period.

What This Means For Similar Cases

Circulars Are Not Automatically Applicable to Private Aided Schools

• Government circulars or policy decisions issued for government employees do not automatically extend to private aided institutions unless explicitly mentioned.
• Courts may intervene to extend benefits to private aided schools, but such extensions will be prospective from the date of the Court’s order, not retrospective from the date of the circular.

Entire Service Length Can Be Counted for Kramonnati Benefits

• Where a post is converted (e.g., Lab Assistant to Assistant Teacher), the entire service length, including pre-conversion tenure, can be counted for kramonnati benefits.
• Practitioners should argue for counting continuous service where the nature of the post remains substantially similar, even if the designation changes.
• The burden of proof lies on the employee to demonstrate continuous service, but the State must justify any exclusion of service periods.