NEETI CHAURASIA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this writ petition claiming the relief of appointment as Lab Assistant under the circulars of the State Govt. The petitioner was appointed as part -time Teacher on 22nd July. 1991 in the respondent No.3 school and he continued as such till 21.9.99 when his services were terminated. The State Govt. had issued the circular dated 20th July. 1998 with a view to give an opportunity to the part -time Teachers for appointment to the post of Lab Assistant, providing that relaxation in M.R Non Gazetted Class III Education Services (Non -Collegiate) Recruitment and Provisions Rules, 1973 will be made and selection will be done by the Central Selection Board on the basis of eligibility/merit and the part -time Teachers found suitable in that selection will be appointed in the concerned educational institution. The Circular further provides that if more number of part -time teachers are found suitable than the sanctioned post, in such a case posts will be sanctioned as per requirement. Another circular dated 23.5.98 was issued by the State providing that those who fulfill the minimum eligibility condition of Lecturer will be invited for selection through interview for the post of Lecturer in Vocational Education Scheme and those part -time teachers who cannot be appointed as Lecturer in Vocational Education Scheme, they all will be appointed on the post of Lab Assistant on fulfillment of minimum eligibility condition. The petitioner approached the Tribunal by way of O.A. No. 986/99 seeking the appointment as Lab Assistant and the Tribunal disposed of the original application by order dated 20.1.2000 with a direction to consider the case of the petitioner expeditiously in terms of the aforesaid circulars. The Tribunal on 20.1.2000 passed the following order in favour of the petitioner:

(2.) The aforesaid direction of the Tribunal was not complied with which compelled the petitioner to file Contempt Petition M. A. No. 10/2001 before the Tribunal. The contempt petition was entertained by the Tribunal and in reply to the contempt the respondents took the stand that appointment to the post of Lab Assistant will be given only after the appointment to the post of Lecturers are made in all subjects of vocational education. Considering the stand of the respondents the Tribunal disposed of the contempt petition by noting as follows : -

(3.) Since the petitioner's case relating to the appointment as Lab Assistant in terms of the Circular of the State mentioned above, is yet to be considered and decided by the concerned officer, there fore, it would be proper to issue a direction to the respondents to consider and decide the petitioner's claim for appointment as Lab Assistant in terms of the Circulars of the State mentioned above within a period of four months from the date of receipt of certified copy of this order. While deciding the petitioners case, the concerned respondent No. 2 will keep in mind the fact that the petitioner had approached The tribunal promptly and the Tribunal's order dated 20.1.2000 in O.A. No. 986/99 and 27.10.2001 in M.A. No. 10/2001. which were passed in favour of the petitioner, have remained undisturbed.