KISHNA RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner entered in services of the respondents being appointed as Laboratory Assistant under an order dated 9.4.1971. While serving on the post aforesaid he acquired Degree of Graduation in the year 1978 and then Bachelors Degree in Education in the year 1983. As per the petitioner, necessary information about having the qualifications aforesaid was conveyed to the competent authority by him under the representations dated 2.3.1984, 2.7.1985, 13.8.1985 and 13.2.2003.

(2.) The recruitment and other service conditions pertaining to the post of Laboratory Assistant are governed by the Rajasthan Education Subordinate Service Rules, 1971 (hereinafter referred to as "the Rules of 1971"), wherein an avenue for promotion is available to the Laboratory Assistants for the post of Teacher Grade-II, subject to availability of the requisite qualification and experience.

(3.) According to the petitioner after having the qualification of Bachelors Degree in Education he was eligible to be considered for promotion but the respondents though promoted persons junior to him, did not consider his case for appointment as Teacher Grade-II by way of promotion. A writ petition bearing DB Civil Writ Petition No.3120/1988 was preferred by the petitioner in the year 1988 on being superseded in the year 1985 by his juniors and that came to be disposed of by this Court with a direction to the respondents for appropriate determination of vacancies pertaining to the promotional post. It is also stated that the fact about availability of Bachelors Degree in Education was also mentioned in an earlier petition for writ No.3120/1988 preferred by the petitioner.