KARAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner was appointed as Peon in the Department of Education on 21/5/1977. It is not disputed that he has passed Higher Secondary. He was promoted to the post of Lab Assistant vide Annexure A-2. Thereafter, the post of Lab Assistant has been converted and re-designated as Lab Technician with different pay scale. As pleaded, a circular was issued vide Annexure A-5, dated 21-7-87 stipulating the qualification for Lab Technician. On the basis of such circular, on 24-8-87 vide Annexure A-4 the petitioner was reverted to the post of peon. A clarificatory circular dated 19-10-87 (Annexure A-6) was issued indicating that earlier circular dated 21-7-87 is prospective in nature. On coming into force of clarificatory circular an order dated 15-2-88 came into force by which the order of reversion of the petitioner was recalled and the petitioner was put in the post of Lab Attendant and he was allowed to get the old pay scale since 1-1-85 in the pay scale of Rs. 515-840. Vide Annexure A-9 the petitioner was designated as Lab Assistant with effect from 1-1-85 and the pay scale could remain that of Lab Attendant. The grievance of the petitioner is that once he was designated as Lab Technician on 20-10-86 with effect from 1-1-85 and was conferred the benefit of pay scale of Lab Technician the same could not have been withdrawn inasmuch as he had the requisite qualification of Lab Technician as on 1-1-85.

(2.) IT is submitted by Mr. Tamrakar, learned Counsel for the petitioner that the date of re-designation with retrospective effect is effective from the date of clarification and that no other circular or guidelines has come into existence afterwards.

(3.) MR. S. K. Yadav, learned Government Advocate does not dispute the same as a proposition of law. It is contended by him that the petitioner was erroneously given the post of Technician as for different post different qualification is required as is demonstrable from Annexure R-l, dated 21-2-83 which lays a postulate that for Lab Technician one should have higher secondary with science subject and should have five years of regular service in regular cadre. There is no doubt that the petitioner has put in five years regular service in the feeder cadre but the question that arises is whether he was Higher Secondary in Science. A free translation of Clauses 2, 3 and 4 of Annexure R-l read as under :