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Madhya Pradesh High Court · body

2013 DIGILAW 1418 (MP)

Shakur Mohd. Khan v. State of M. P.

2013-11-19

S.K.Seth

body2013
JUDGEMENT 1. Petitioner is aggrieved by the order dated 15.10.2012 and 2.11.2012 (Annexures P/10 and P/11) whereby his claim for promotion to the post of Upper Division Teacher was rejected by the respondents. 2. Petitioner entered in Govt. Service as Assistant Teacher in the Primary School in Ujjain Division. At the time of entry into the service since educational qualification was intermediate, as is evident from the order dated 5.8.1961 (Annexure P/1) the initial appointment order of the petitioner. Petitioner deed his BTI Training at the Govt. expenses in the year 1961. In 1968, Govt. framed a policy as contend in Annexure P/4 for promotion of Graduate and Post Graduate Teachers working in the Lower Division Scale. It was decided that every Graduate, who was put in 5 years of service in the Lower Division Scale would be considered eligible for promotion to the Upper Division Scale. For the purposes of promotion the date on which the Teacher became Graduate would be irrelevant i.e. to say that the Teacher who has put in 5 years in service and Graduate in time during the service will be eligible for promotion from the date he completed 5 years of his service. Promotion was to be made normally on the basis of seniority of Graduate Teachers in the Lower Division Scale. 3. It is alleged that the petitioner passed his B.A. Examination with the permission of the State Govt. in the year 1971, thus he became eligible for promotion in the light of the Govt. policy contend in Annexure P/4. Similarly placed persons filed original applications before the Tribunal which were allowed by the Tribunal and respondents were directed to consider the cases of those persons for promotion in the light of the policy decision of the State Govt. Petitioner also filed a petition which came to be decided on 10.7.2012 by Annexure P/9. The respondents considered the case of the petitioner and after an extraneous consideration rejected his claim. 4. It is admitted fact that petitioner stood transferred in the Indore Division in the year 1988 so he is entitled to count seniority in the Indore Division from 1988. Now the respondents are directed to consider the case of the petitioner for promotion in the Ujjain Division in the light of promotion policy contend in Annexure P/4 because the petitioner became eligible for promotion after passing B.A. Examination in the year 1971. Now the respondents are directed to consider the case of the petitioner for promotion in the Ujjain Division in the light of promotion policy contend in Annexure P/4 because the petitioner became eligible for promotion after passing B.A. Examination in the year 1971. The respondents are further directed that in case the petitioner is found eligible on the basis of the criteria they shall give effect to the promotion order with all consequential benefits to the petitioner. In case, if it is found that the petitioner is not to be promoted in Ujjain Division then his case shall be considered counting his seniority in Indore Division from 1988 and if he is found fit, he shall be given promotion since his immediate juniors found promoted and the petitioner would be entitled for all consequential benefits. 5. In view of the aforesaid, impugned orders (Annexures P/10 and P/11) are hereby quashed and set aside. Respondents are directed to do all exercises within a period of 3 months from the date of receipt of the certified copy of the order.