LAWS(MPH)-2005-4-37

NARENDRA SINGORE Vs. STATE OF M P

Decided On April 04, 2005
NARENDRA SINGORE Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) PETITIONERS in this petition have assailed the advertisement (P-5), dated 16-9-2003 by which vacancies were advertised of contract teachers under the M. P. Panchayat Samvida Shala Shikshak Recruitment and Service Conditions Rules, 2001. Petitioners have submitted that as the petitioners were earlier appointed on compassionate basis as Asstt, Teacher, petitioners' case has to be considered only against the post of Asstt. Teacher not against the post of contract teacher.

(2.) IT is not in dispute that earlier the petitioners were appointed on compassionate basis; appointment has been set aside as it was procured illegally after retirement of the employee concerned. The order of cancellation of appointment on compassionate basis was upheld by the State Administrative Tribunal; matter travelled to this Court in W. P. 2523/2000 and several other writ petitions which were decided by this Court. This Court has issued the following directions :-

(3.) THEREAFTER, petitioners have participated in the process of selection, they could not be appointed as they were not selected. Petitioners have submitted that the weightage has not been given to the past experience. It is also submitted that appointment ought to have been considered as against the post of Asstt. Teacher. Petitioners have also submitted that in similar writ petition as per order (P-14), dated 28-8-2003 passed in W. P. No. 4638/01 fresh appointment was ordered on compassionate basis; order has been complied with; as such petitioners have submitted that their case be ordered to be dealt with in terms of the direction issued in the order passed in W. P. No. 4638/01.