MADAN LAL Vs. DIRECTOR SCHOOL EDUCATION, JAMMU

JUDGEMENT

(1.) FACTS which are relevant as well as regarding which parties were not at variance need to be briefly noted.

(2.) PETITIONER joined the Education Department of the State Government as a Peon in the year 1981. He was under matric at that point of time. He did matriculation in the year 1986 and 10+2 in the year 1990. His designation was changed in the year 1994 to Lab Bearer. Entry to this effect has been made in the Service Book. Thereafter he was promoted as Laboratory Assistant on 6th May, 999. This order dated 6th May, 99 has been cancelled on 25.8.1999 which is subject matter of dispute in this writ petition.

(3.) ACCORDING to learned counsel for the petitioner this order cannot be sustained as the position of Lab Bearer and Peon is the same, both being Class IV posts. According to him change of cadre could be treated to be a case of new appointment of the petitioner. Therefore his subsequent promotion to the post of Lab. Assistant could not be cancelled. Impugned order has been passed in violation of principles of natural justice, equity and fair play as no hearing was afforded to him before passing the said order by the respondents. This was the minimum requirements excepted of the petitioner before passing the said order. Thus he alleges violation of Article 16 of the Constitution of India.