BASANT KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petition was originally filed as an original application before the Madhya Pradesh State Administrative Tribunal at Jabalpur, where it was registered as O.A. No. 628/1989. In due course of time, since the Tribunal was abolished, the matter stood transferred to the Madhya Pradesh High Court as W.P. No. 5552/2003. However, since the matter pertained to the Chhattisgarh region, the writ petition got further transferred from the Madhya Pradesh High Court to the Chhattisgarh High Court, where it was renumbered as WPS No. 114/2005.

(2.) The present writ petition has been filed by the petitioner assailing Annexure P/5 & P/10 and has further sought for a direction to the respondents to consider the case of the petitioner for promotion to the post of Reader ahead of the private respondent i.e. respondents No.3 & 4. Annexure P/5 and P/10 the two orders under challenge are the orders of promotions, which have been passed in the intervening period and where it is alleged that the petitioner had not been considered, though he was entitled for the same.

(3.) The facts relevant for the adjudication of the present dispute is that the petitioner is a person having a degree of BAMS from the Ravi Shankar University. The petitioner was appointed as a Demonstrator in the Govt. Ayurvedic College, Raipur on 01.07.1973. In due course of time, when an advertisement in the same department for the post of Lecturer was published, the petitioner applied and he was found selected and appointed as a Lecturer w.e.f. 01.07.1975. However in the year 1979, it is said that the petitioner got involved in some criminal case and was also arrested for the same and got suspended w.e.f. 28.06.1979. The petitioner was subjected to trial, which initially resulted in his conviction.