SHANKARLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petitioner was appointed as Assistant Teacher on 13.07.1963. He passed the B.A. Examination in the year 1970. The State Government has issued a circular dated 06.01.1968 by which direction was given to promote the Lower Division Teacher/Assistant Teacher to the post of Upper Division Teacher who have completed 5 years of service along with graduation. According to the petitioner, after acquiring the degree of B.A. he has become eligible for promotion to the post of Upper Division Teacher. He is placing reliance over the judgment passed by the State Administrative Tribunal in case of Murlidhar Nema Vs. State of M.P., decided on 05.08.1991 by which the Tribunal has directed the respondent to consider the cases of all the Assistant Teacher/LDT who could not be promoted in the light of the policy dated 06.01.1968.

(3.) The petitioner has further placed reliance over the judgment of Apex Court passed in the case of Sultan Khan Qureshi Vs. State of M.P. (W.P.No.6176/2003) decided on 21.09.2005 directing the respondent to consider the case of all LDT and UDT. Counsel for the petitioner submits that the number of cases have been disposed of by this Court by giving direction to the respondent to grant the benefit as was given in cases of Murlidhar Nema (supra) & Sultan Khan Qureshi's (supra). Shri Umesh Gajankush, learned deputy Advocate General appearing on behalf of the respondents-State raises the preliminary objection that the present petition suffers from delay and laches and in Para 4 of the writ petition, the petitioner has not explained the delay. The petitioner has filed the present petition seeking direction to the respondent to consider his case in light of the judgment passed in case of Sultan Khan Qureshi (supra) in the year 2007 and Murlidhar Nema (supra) in the year 1991.