ANIL CHOUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioner has assailed the order Annexure P/9 dated nil/December, 2007. Brief facts necessary for the adjudication of this matter are as follows:

(2.) THE petitioner was initially appointed as lecturer on 08.09.1972. The post of lecturer was re -designated as Asstt. Professor. The petitioner became Asstt. Professor in subject of Military science. The UGC introduced the pay scales which were made applicable to the teachers in collegiate education. The earlier pay scales were revised as under:

(3.) SHRI Shroti, Sr. Advocate for the petitioner submits that the petitioner was eligible to be considered for grant of senior scale and selection grade. His case was considered by a duly constituted screening committee. The said committee found him suitable in all respect and therefore, by Annexures P/3 and P/4 he was given senior scale and selection grade respectively. Since petitioner was enjoying senior scale and selection grade, he became eligible for promotion as per statutory recruitment rules. A duly constituted DPC has recommended his name for the post of Professor. By drawing attention of this Court on Annexure P/2 (scheme of revision of pay scales and fixation of pay and other measures for maintenance of standards in higher education) (hereinafter called as 'scheme') it is contended that as per the scheme, method for Career advancement is prescribed in Clause 10. Procedure mentioned in the explanation appended to clause 10 was fulfilled in the case of the petitioner and only thereafter he was given the senior scale and selection grade respectively. Criticizing the order impugned, it is contended that this order is liable to be interfered with for the following reasons: