A.P. TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India seeking the following reliefs:

(2.) THE foundational factual matrix are that the petitioner was initially appointed as Lower Division Teachers (LDT) in the year 1966 vide Annexure P -2. It is contended by the petitioner that several representations were made for the promotion to the post of Upper Division Teacher (UDT), but to no avail. Instead the petitioner was granted a higher pay scale of UDT i.e. 5000 -8000 after completion of 12 years of service under the 'krammonati scheme' and later attained the age of superannuation as such, on 30.04.2005.

(3.) THE State in its return has contended that the regular promotion of the petitioner vide Annexure P -6 in the scale of 5000 -8000 on the post of UDT was granted when the petitioner was posted at Govt. Higher Secondary School, Khedi Morar. The State counsel further submits that the said promotion order 23.06.2000 was issued subject to the condition that in case the promotee does not join by 05.07.2000 at the place of transfer i.e. Govt. Higher Secondary School, Khedi Morar in the case of petitioner, the promotion order shall stand automatically canceled. The State counsel further submits that due to non joining of the petitioner on the promoted post for the obvious reason that the petitioner does not want to move on transfer and was already enjoying salary in the pay scale of 5000 -8000 received under the krammonati scheme, the order of promotion suffered cancellation.