MOHAMMED ISLAM KURESHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition filed under Articles 226 and 227 of the Constitution of INdia, the petitioner is challenging impugned order dated 11.7.2005, passed by the Principal, Government Senior Secondary School, Udai Mandir, Jodhpur and order dated 25.7.2005, fixation order Annex.P/12 and prayed that both orders maybe quashed and set aside and respondents may be directed to allow the pay and other emoluments to the petitioner as if both the above orders were never passed and, further, it is prayed that impugned order passed by the Rajasthan Civil Services Appellate Tribunal dated 11.9.2006, Annex.P/3 may be quashed so far as it relates to granting relief to the petitioner up to the date he has forgone his promotion and prayer made in the appeal may be allowed with cost.

(2.) AS per facts of the case, the petitioner entered in the government service on being appointed as Teacher Grade III in Urdu subject vide order dated 18.6.1976. The petitioner acquired B.S.T.C. training course with due permission of the department and also prosecuted higher studies of Master's Degree in Urdu subject in the year 1988.

(3.) IN the aforesaid circumstances, the petitioner did not join the promotion post and petitioner and two other incumbents preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur to promote them on the post of Teacher Grade-II in minority language. Said appeal was registered as Appeal No. 526/2000. The appeal so filed by the petitioner and two other incumbents for granting promotion on the post of Teacher Grade-11 in minority language was however rejected vide order dated 27.8.2002; but, while rejecting the appeal, it was observed in the order dated 27.8.2002 that appellants are specialists of minority language, therefore, the respondents should take care to post them in any school where the minority language in which the appellants are experts are taught. But, unfortunately, despite representation filed as per observations made by the Tribunal no steps were taken by the respondents till 2005 to post the petitioner in an institution where the minority language was taught. .