KAMLESH SINGH BAGHEL Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has preferred this writ petition challenging order dated 5/07/2013 and order dated 05/03/2012. By said orders, the representation of petitioner claiming salary was dismissed by the Commissioner Higher Education, Madhya Pradesh. By said orders, seniority of petitioner was disturbed and he was placed at Sr. No.6. The fresh appointment of petitioner was considered from 26/02/1998 and, therefore, petitioner was placed at Sr. No. 4 in the seniority and, therefore, he was not found eligible for payment of salary from grant-in-aid.

(2.) There are three sanctioned post in Department of Commerce but, four professors are working. Only three professors who are working on sanctioned post can be paid salary from grant-in-aid. Petitioner was put at Sr. No. 4 by the impugned orders, therefore, his claim for payment of salary from grant-in-aid was disallowed.

(3.) Petitioner has challenged impugned order dated 05/03/2012 and 05/07/2013 passed by Commissioner Higher Education on the ground that earlier he had filed a writ petition bearing No. 4386/1997. In the said writ petition, petitioner challenged order dated 10/10/1997, by which petitioner was placed at Sr. No. 4 in the seniority list. The Seniority list as per order dated 10/10/1997 was as under: -