KALYANI VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE prayer in the instant petition is to direct the respondents to place the petitioner in the senior grade from 1992 and thereafter to place her in selection grade from 1998.

(2.) BRIEFLY stated facts by the petitioner in the writ petition is that the petitioner had passed her Higher Secondary School Examination in 1967 from the Board of Secondary Education, M.P., Bhopal. Thereafter, she passed her Post Graduate Degree in Hindi Literature as a regular student from Kirodimal Arts and Science College, Raigarh in the year 1972. In the year 1979, Pt. Ravishankar Shukla University, Raipur, awarded degree of Doctor of Philosopher in Hindi to the petitioner. Thereafter, in her service career, the petitioner was appointed as Assistant Professor on 10.11.1980 in Government Post Graduate College, Jagdalpur, District Bastar. Subsequently, she was regularized by the State Government of Madhya Pradesh on 04.03.1987 against the post of Assistant Professor by Annexure P -1.

(3.) IT is further contended by the petitioner, the service conditions of the Assistant Professors are governed by Chhattisgarh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (hereinafter referred to as "Recruitment Rules, 1990"). It came into force on 31.08.1990. It was further case of the petitioner that since the petitioner was regularized by order dated 04.03.1987 against the post of Assistant Professor, the period of probation was expired prior to commencement of Recruitment Rules, 1990 and as such the petitioner at the time of commencement of Recruitment Rules, 1990 was holding the substantive post of Assistant Professor and as such no dispute could be to the fact that service of petitioner was governed by the Recruitment Rules, 1990. It was stated that Rule 6 deals with the method of recruitment whereas Rule 7 postulates that all appointments to the service after the commencement of these Rules shall be made by the Government and no such appointment shall be made except after selection by one of the method of recruitment specified in Rule 6. Rule 6(c) of Recruitment Rules, 1990 deals with promotion of members of service specified Column 2 of Schedule IV. Therefore, according to the petitioner, the post of Assistant Professor were graded into three grades i.e. Assistant Professor, Assistant Professor (Senior Scale) and Assistant Professor (Selection Grade) wherein petitioner was covered.