SANTLAL SINGH GOND Vs. STATE OF MP

JUDGEMENT

(1.) BY this writ appeal preferred under section 2 (1) of the M. P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the appellant has called in question the sustainability of the order dated 7-9-2006 passed by the learned single Judge in Writ Petition No. 22201/2003.

(2.) THE facts which are essential to be adumbrated are that the writ petitioner, respondent No. 4, herein filed an application before the M. P. Administrative Tribunal forming the subject-matter of O. A. No. 256/03 assailing the promotion of the fourth respondent, appellant herein to the post of Bio-Chemist. The writ petitioner was appointed on the post of Lab-Technician. She was, as set forth, having the requisite qualification including the Diploma in medical Pathology and, therefore, on the date the fourth respondent was appointed she had all the requisite qualifications prescribed under the Rules to be appointed on the post of Lab-Technician. It was contended that the present appellant, the fourth respondent in the writ petition, was appointed to the post of lab-Technician on 18-10-1996 on the date when the fourth respondent was appointed. The State Government vide Annexure R-4/3 dated 31-9-1995 relaxed the requisite educational qualification for appointment to the post of Lab-Technician with regard to the candidates belonging to the reserved categories. It was provided therein that it was necessary for an incumbent to complete the training before attaining regular appointment to the post of Lab-Technician and on acquisition of such training, the appointment shall be treated as regular appointment. It was further envisaged that if the incumbent fails to acquire such training then the services of the incumbent shall be terminated. In the appointment letter of the fourth respondent a condition was incorporated that he has to successfully pass the training course often months or of one year within a period of three years failing which the services as such shall be terminated. The respondent No. 4 appeared in the training and became successful and a certificate to that effect was issued in his favour on 23-9-1998.

(3.) THE factual matrix, as further exposited, are that the writ petitioner was appointed as Lab-Technician at Bhopal Medical College in the year 1992 and thereafter she was transferred to Jabalpur Medical College on the basis of his request. It was conceded before the learned single Judge that seniority list was maintained as unit-wise and not State-wise. Name of the writ petitioner was reflected in the merit list dated 1-4-2002 below the 4th respondent. It was further set forth that though an incumbent was granted bottom seniority yet he was entitled to be considered for promotion as previous services be counted with regard to experience. It was pleaded that the case of the writ petitioner was not considered by the respondents 1 to 3 for her promotion to the post of Bio-Chemist.