G S MAKKAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner impugns the order dated 23. 12. 1997 (Annexure P/15) and order dated 12. 01. 1998 (Annexure P/16)whereunder, promotion of the petitioner to the post of lecturer has been cancelled on the ground that the promotion has been made, without there being vacancy in science faculty.

(2.) THE indisputable facts, in nutshell, are that the petitioner was appointed as Upper Division Teacher with effect from 1st of November, 1985 till 25th April, 1986 on temporary basis. Thereafter, on 11th July, 1986 (Annexure p/2), the appointment of the petitioner was again made with effect from 15th July, 1986 till further orders, purely on temporary basis. The petitioner was thereafter promoted as lecturer in science faculty which felt vacant on account of death of one Shri H. L. Jaggi. The respondent No. 3, on 13. 7. 1990 (Annexure P/8) passed an order that the petitioner has been appointed as Lecturer with effect from 09. 07. 1990 pursuant to the interview held on 08. 07. 1990. He would be granted salary of the post of Lecturer with effect from the date of approval of his appointment from the Commissioner, public Instructions, Government of Madhya Pradesh, Bhopal (Respondent No. 2 ). Accordingly, the petitioner was paid salary of Upper Division Teacher only. On 12. 01. 1991, the principal of the respondent School wrote a letter to the joint Director, Public Instructions (Annexure P/9) for granting approval to the appointment of the petitioner on the post of Lecturer. The Joint Director, vide order dated 29. 01. 1991 (Annexure P/10) rejected appointment of the petitioner on the post of Lecturer as the vacancy was reserved for appointment by direct recruitment and the appointment of the petitioner by promotion was not proper. Accordingly, the Director, Public Instructions, on 23. 12. 1997 (Annexure P/15) wrote to the Joint Director, public Instructions that the appointment of the petitioner on the post of Lecturer is bad because he was appointed against the vacant post of Hindi, Political Science and history, in science faculty. Similar letter to that effect was sent to the petitioner on 12. 01. 1998 (Annexure P/16 ).

(3.) BEING aggrieved, the petitioner has filed this petition seeking quashing of the order dated 23. 12. 1997 and 12. 01. 1998 (Annexure P/15 and P/16 ). Further, a direction to the respondents to promote the petitioner from 08. 06. 1993 and to accord all the consequential benefits.