ALI MOHD SHAH Vs. STATE

JUDGEMENT

(1.) PETITIONER is a Post Graduate Teacher in the Education Department. He alongwith 12 other teachers came to be adjusted as Incharge Lecturers (Statistics) in their own pay and grade with benefit of charge allowance as admissible under rules for a period of six months or till the post is filled up by the Public Service Commission/D.P.C. whichever is earlier.

(2.) PETITIONER as follow up to this Government order NO. 949 -Edu of 1999 dated 10 -07 -1999 (Annexure -A) joined the institution to which he was posted and presently is under transfer to Leh. However, vide Government Order No : 1318 -Edu of 2001 dated 28 -9 -2001 (Annexure -D), petitioner was reverted on the ground that being junior most Post Graduate Teacher, has to make way for a Senior Post Graduate Teacher. This order is under challenge in this petition.

(3.) IT needs to be taken note of that adjustment of the petitioner as Incharge Lecturer Statistics, in his own pay and grade with the benefit of charge allowance for a period of six months or till the post is filled up by the PSC/DPC, whichever earlier, is no promotion. At the most, it is an ad hoc/ stop -gap arrangement to provide manpower to work against the posts of Lecturers created in statistics in the School Education Department of the Government. It is not a reversion from a higher post to lower post.