M H WASE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is non consideration of the petitioner for promotion to the post of Principal in the School Education Department when his juniors were promoted on 27.06.2003.

(2.) The relevant facts necessary for adjudication of the present petition is that, the petitioner was initially appointed way back on 17.11.1969 as Upper Division Teacher (in short, UDT) with the respondents. In due course of time the petitioner was granted promotion on the post of Lecturer w.e.f. 09.04.1971. The next promotion due to the petitioner was on the post of Principal and the petitioner fulfills all the requisite eligibility criteria under the rules and regulations. On 27.06.2003, in the course of granting promotion of similarly placed persons, the respondents issued an order promoting 109 persons on the post of Principal. Immediately thereafter again on 19.09.2003, 25 more persons were promoted. Thus, in all the respondents promoted 134 persons on the post of Principal out of which 40 persons were junior to the petitioner.

(3.) The contention of the petitioner is that till date the promotion orders were issued, the petitioner has not been subjected to any departmental proceedings. Neither has he been inflicted with any punishment nor any enquiry was pending consideration before the authorities with which the petitioner could have been refused consideration for promotion. It was also the contention of the petitioner that the petitioner also has not been communicated with any adverse entries made in his ACRs before the promotion orders were issued. Thus, non consideration seems to be apparently bad in law and contrary to law and therefore prayed that the case of the petitioner be considered for promotion from the date his juniors were promoted on 27.06.2003 and again on 19.09.2003.