- (1.)BEING aggrieved by the non-action of the respondents the petitioner has filed this petition, whereby the petitioner was not granted promotion.
(2.)THE indisputable facts, in nutshell, are that initially the petitioner was appointed as Laboratory assistant in Govt. Kamla Devi Mahila Mahavidyalaya, rajnandgaon vide order dated 7. 1. 1985 (Annexure P/1) on temporary adhoc basis for a period of 89 days. Thereafter, vide order dated 31. 8. 89 (Annexure P/2) the petitioner was appointed on regular basis on the post of Laboratory Technician. The State Government declared the post of Laboratory Technician under the Higher education Department to be deemed as "teaching Post" and the age of superannuation of the Laboratory technician was increased to 60 years, in lieu of 58 years by memo dated 06. 03. 1997. Thereafter, the petitioner made a representation dated 26. 4. 1999 (Annexure P/8) for promotion on any higher post. This representation was rejected vide order dated 10. 8. 1999 (Annexure P/9) on the ground that since the appointment on the post of Assistant Professor, which is a Class-II post, is to be done by the Public Service Commission, as such the petitioner cannot be promoted on the post of Assistant Professor.
(3.)VIDE memo dated 25. 1. 2002 (Annexure P/14) the representations of the petitioner were rejected on the ground that there is no provision for promotion to the post of Assistant Professor, as the said post is filled in by direct recruitment through Public Service commission and there is no provision for promotion from the post of Laboratory Technician to the post of assistant Professor. Being aggrieved, the petitioner has filed this petition.
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