A J VARGHESE Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner prays for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondents to promote him to the Post of Head of Department of Modern office Practice in Government Polytechnic, Panaji Alternatively, the petitioner prays for a direction to the respondents to consider the petitioner for his promotion to this post by not taking into consideration adverse remarks for the relevant period.

(2.) THE petitioner has been appointed as a Lecturer in Government polytechnic at Panaji. He possesses educational qualifications, more particularly set out in paragraph 2 of the petition. Upon retirement of the then head of Department, there was a clear vacancy and as per the Recruitment rules in force, the post of Head of Department was to be filled in by promotion from amongst the Lecturers and more particularly having 5 years service in the grade. The petitioner was fully eligible for promotion on the date when the vacancy arose. However, respondents No. 1 and 2did not fill in the vacancy despite the recommendations and that is how the petitioner was deprived of an opportunity for being considered for promotion.

(3.) SUBSEQUENTLY, 2 sets of Recruitment Rules were framed and the last in point of time was the subject matter of challenge by the petitioner himself in a Writ Petition filed in this Court. The said writ petition was placed before a Division Bench of this Court and by a Judgment and Order delivered on 25. 6. 03, the Division Bench directed that the petitioner would be qualified for being considered for promotion and there is no necessity of striking down the Rules which were challenged before it.