HARI SINGH MALVIYA Vs. DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioners have filed the present petition seeking direction to the respondent to grant him the benefit of promotion to the post of UDT and Headmaster, Middle School from the date when he became graduate & grant him other consequential and monetary benefits with interest @ 12% per annum.

(2.) The petitioner was appointed as Lower Division Teacher by order dated 28.08.1963. He passed the B.A. Examination in the year 1969. The State Government had 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.

(3.) According to the petitioner, after acquiring the degree of B.A. he became 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 learned Tribunal had directed the Govt. to consider the cases of all the Assistant Teacher/LDT who could not be promoted in the light of the policy.