DHANIRAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dtd. 26/6/2014 (Annexure P/1) whereby the representation of the petitioner for his promotion to the post of Steno Typist has been rejected.

(2.) Briefly stated, case of the petitioner is that he was appointed on the post of Hammal on 24/5/1988 and vide order dtd. 28/4/1990 his services were regularized w.e.f. 31/10/1990 on the said post. On 2/8/1997 respondent No.3 appointed the petitioner as Steno Typist on the recommendation of the Selection Committee subject to approval of respondent No.2/Director, Technical Education. Thereafter, respondent No.2 vide order dtd. 10/7/1999 and 17/7/1999 instructed respondent No.3 to examine the case of the petitioner. Respondent No.3 vide order dtd. 22/9/2019 without affording any opportunity of hearing to the petitioner, cancelled his appointment as Steno Typist and reverted him back to the post of Hammal.

(3.) Aggrieved by the order dtd. 22/9/1999, the petitioner preferred an application under Sec. 19 of the Administrative Tribunal Act, 1985 before the MP Administrative Tribunal, Jabalpur bearing Original Application No.102/1999 and after abolition of the said Tribunal in the year 2005, the petitioner's case was transferred to this Court which was registered as WPS No.1884/2005 and vide order dtd. 9/1/2014 this Court allowed the writ petition, quashed the orders dtd. 22/9/1999, 21/10/1999 and 6/12/1999 and remitted the matter to the respondents for reconsideration of his case in view of the observations made by the Court in its order dtd. 9/1/2014. When no action was taken by the respondent authorities in compliance of the order dtd. 9/1/2014, the petitioner filed a Contempt Petition No.177/2014 in which on 16/6/2014 this Court issued notice to respondent No.2. Thereafter, vide impugned order dtd. 26/6/2014 respondent No.2 rejected the representation of the petitioner on the ground that as per MP Technical Education, Class-III (Ministerial) Service Recruitment Rules, 1999 (in short "the Rules of 1999"), the post of Steno Typist is to be filled up through direct recruitment only. Hence this petition.