MITHLESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Counsel for the petitioner submits that the petitioner was initially appointed on the post of Teacher Grade-III (General) vide order dtd. 17/2/1981 and was confirmed vide order dtd. 23/6/1984. Counsel further submits that the respondents issued a circular dtd. 6/1/2000 withdrawing all orders of deleting the names of the teachers from the list of Craft Teachers and given place in the list of Teachers (General). Counsel also submits that the respondents have allowed promotion to the persons who were junior to the petitioner and the case of the petitioner has not been considered for promotion to the post of Senior Teacher Grade-II. Counsel also submits that the action of the respondents is not allowing the promotion to the petitioner on the post of Senior Teacher Grade-III in the year 1999, is illegal and arbitrary. Counsel further submits that similarly situated persons namely; Mahavir Prasad and Sona Ram Yadav have been allowed promotion on the post of Teacher Grade-III being Craft Teachers but the same benefits have not been extended to the petitioner.

(2.) Counsel appearing for the respondents submits that the petitioner was appointed as Craft Teacher vide order dtd. 17/2/1981 as he was holding the requisite qualification for appointment as Craft Teacher. Counsel further submits that on the date of initial appointment, the petitioner was not holding the qualification to be appointed as Teacher Grade-III (General). Counsel further submits that one Mahavir Prasad was appointed as Teacher Grade-III (General) vide order dtd. 2/11/1984 issued by the Office of Panchayat Samiti, Kotputli, District Jaipur.

(3.) Counsel also submits that the petitioner was holding the Trade Certificate and he was entitled to be appointed as Teacher Grade-III (General). Counsel further submits that the circular/order dtd. 30/10/1992 issued by the Government of Rajasthan speaks that circular dtd. 6/8/1984 provides that certificates of trade examinations and certificates of handicraft issued by the Vidya Bhawan, Udaipur will be treated equivalent to the basic training.