SHIV CHARAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these writ petitions the petitioners have questioned legality of the orders relating to promotions made on the post of Teacher Gr.II and the irreversion from the post of Teacher Gr.II to that of Teacher Gr.IlI. Since facts of the case are similar and common questions of law have been raised for determination, the only appropriate course for this Court is to decide all these writ petitions by a common order.

(2.) IN order to appreciate the contentions of the petitioners, I deem it proper to make reference to few facts from each of the writ petitions.

(3.) PETITIONER has pleaded that five persons junior to him in the category of ad hoc Teachers Gr.II have been allowed to continue although he has been reverted by order dated 25.11.93. He has also pleaded that Shri Narainlal, whose name appears at serial No. 3 in the order dated 21.12.93 (Annexure -7), has foregone his promotion. He has written letter dated 5.1.94 (Annexure -2) to the Head master of the school in this respect. Further case of the petitioner is that although a number of persons who were not eligible to be considered for promotion against the year 1991 -92, although they were senior to the petitioner and they had in fact not been promoted in the year 1991 or 1992, have now been promoted despite being ineligible. He has stated that these persons have acquired the degree of B.Ed: in the year 1991 -92 and yet they have been given promotion as Teacher Gr.II. Petitioner has also pleaded that one Shri Mahesh Chandra Sharma (respondent No. 7), who stood transferred from district Jaipur to Alwar, has been included in the list of promoted teachers and if he is excluded from the list of promoted teachers, the petitioner is the next person to be promoted. According to the petitioner, by acting arbitrarily the departmental authorities have discriminated him qua other persons and have unlawfully reverted him from the post of Teacher Gr.II to that Gr.III.