KISHORE LOWALEKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER has filed this petition with regard to promotion on the post of Professor Neurology and further direction to convene a meeting of D.P.C. for the aforesaid purpose.

(2.) THE petitioner was initially appointed on the post of Resident Medical Officer in Neurology on 11 -10 -1973. Thereafter the petitioner was appointed as Lecturer Neurology on 3 -3 -1975 on ad hoc basis. Subsequently, Public Service Commission issued an advertisement with regard to selection and appointment for the post of Lecturer Neurology, copy of the advertisement has been filed as Annexure P/13. Thereafter vide order dated 9 -12 -1980 the petitioner was appointed as Lecturer Neurology on the pay scale of Rs. 500 -1950. When the petitioner was not promoted on the post of Associate Professor because of non - availability of the post, he filed an application before the State Administrative Tribunal. The aforesaid application was registered as O. A. No. 812/95 and disposed of vide order dated 17 -9 -1998 with a direction to the respondents to create the post of Associate Professor and in the meantime petitioner be given promotion under the Time Bound Scheme. Thereafter vide order dated 4 -12 -2001 the petitioner was promoted on the post of Associate Professor w.e.f. 1 -1 -1993 under Time Bound Promotion. The petitioner was again given the benefit of promotion under Time Bound Scheme vide order dated 24th September, 2003 on the pay scale of Rs. 14300 -18300 on the post of Professor.

(3.) RESPONDENTS have filed the return and stated that petitioner did not had requisite qualification of the post of Professor and Associate Professor. It has further been contended that petitioner was only given the benefit of the post of Associate Professor under Time Bound Promotion, hence he could not be promoted as Professor on regular basis.