A.K.MATHUR, J. - (1.) PETITIONER by this writ petition has prayed that the respondents order dated 31st March 1982 may be quashed and Corporation may be directed to get the case of the petitioner considered on merits on the basis of the seniority cum fitness for promotion to the next higher post of Junior Agricultural assistant and respondent Corporation may be directed to appoint the petitioner on the said post on and from the 31st March 1982 with all consequential benefits.
(2.) PETITIONER entered the service of the Union of India in the Ministry of Agriculture on being appointed as Fieldman by the order dated 11.11.1960. The respondents Nos. 4 to 10 who were junior to the petitioner in the category of the fieldman they were appointed to a higher post i.e. Junior Agricultural Assistant and the claim of the petitioner was ignored, therefore, petitioner has come to file the present writ petition. A reply was filed by the respondents and the respondents have taken the position that the case of the petitioner shall be considered provided the petitioner possesses the requisite qualification for the post. It is submitted that DPC as and when it meets for the post of the Junior Agricultural Assistant the case of petitioner will be considered. The amended qualification at that time was as under: Channel of promotion. Fieldman including selection Gr. with 10 years service in the cadre and should be matriculate with higher Gr. course in Agri. Matriculates with special training in Agri. organised by Govt. Institutions and of a minimum of 3 months duration within 10 years in the cadre. It is submitted that petitioner was not possessing either the higher grade course in the agriculture nor had he special training in agricultural science by the Government institutions of minimum three months duration. Therefore, petitioner was not found qualified for the post. As such he was not considered for promotion of the post of Junior Agricultural Assistant. Though in the reply it was also pleaded that the petitioner is not a Matriculate it appears to be a mistake. Be that as it may, the fact remains that the petitioner did not possess these two qualifications which is required for the purpose.
(3.) PETITIONER filed rejoinder and pointed out that some persons namely, Shampalsingh, Rajpalsingh and Munshilal who were also not possessing the qualification for the post but they were promoted to the post of Junior Agricultural Assistant.;