SHAKUR MOHD. KHAN Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER is aggrieved by the order dated 15.10.2012 and

(2.) 11.2012 (Annexures P/10 and P/11) whereby his claim for promotion to the post of Upper Division Teacher was rejected by the respondents. 2. Petitioner entered in Govt. Service as Assistant Teacher in the Primary School in Ujjain Division. At the time of entry into the service since educational qualification was intermediate, as is evident from the order dated 05.08.1961 (Annexure P/1) the initial appointment order of the petitioner. Petitioner deed his BTI Training at the Govt. expenses in the year 1961. In 1968, Govt. framed a policy as contend in Annexure P/4 for promotion of Graduate and Post Graduate Teachers working in the Lower Division Scale. It was decided that every Graduate, who was put in 5 years of service in the Lower Division Scale would be considered eligible for promotion to the Upper Division Scale. For the purposes of promotion the date on which the Teacher became Graduate would be irrelevant i.e. to say that the Teacher who has put in 5 years in service and Graduate in time during the service will be eligible for promotion from the date he completed 5 years of his service. Promotion was to be made normally on the basis of seniority of Graduate Teachers in the Lower Division Scale.

(3.) IT is admitted fact that petitioner stood transferred in the Indore Division in the year 1988 so he is entitled to count seniority in the Indore Division from 1988. Now the respondents are directed to consider the case of the petitioner for promotion in the Ujjain Division in the light of promotion policy contend in Annexure P/4 because the petitioner became eligible for promotion after passing B.A. Examination in the year 1971. The respondents are further directed that in case the petitioner is found eligible on the basis of the criteria they shall give effect to the promotion order with all consequential benefits to the petitioner. In case, if it is found that the petitioner is not to be promoted in Ujjain Division then his case shall be considered counting his seniority in Indore Division from 1988 and if he is found fit, he shall be given promotion since his immediate juniors found promoted and the petitioner would be entitled for all consequential benefits.