1. By way of this petition, the petitioner has prayed to direct the respondents to consider the case of the petitioner for the post of Lecturer and further to declare that the petitioner is entitled for difference of salary between the posts of Laboratory Assistant and Lecturer.
2. The facts in brief are that the petitioner joined the college of respondent nos. 1 and 2 as a Laboratory Attendant on 17.09.1974 and thereafter, on 30.09.1981, was promoted to the post of Laboratory Assistant. It is the case of the petitioner that during the tenure of his services, he obtained Masters degree in History. It is the further case of the petitioner that though he is well qualified, the respondents have not considered the case of the petitioner for regular appointment on the post of Lecturer. Therefore, the petitioner preferred Special Civil Application No. 11074 of 2002 before this Court, which came to be disposed of vide order dated 22.04.2002. In pursuance of the above order, the petitioner made several representations to the respondent authority requesting to grant him appointment on the post of Lecturer. However, the same were were not considered by the respondent authorities. Hence, this petition.
3. Heard learned counsel for the respective parties. On perusal of the record, it transpires that the petitioner does not possess the requisite qualification for appointment to the post of Lecturer as required under the relevant rules. Hence, the reliefs which are claimed by the petitioner cannot be granted. Considering the facts of the case and keeping in mind the principle laid down in the decision of the Hon'ble Apex Court in the case of Orissa Public Service Commission & Anr. v. Rupashree Chowdhary & Anr. (2011) 8 SCC 108, the reliefs claimed by the petitioner cannot be granted. Hence, the petition is rejected summarily.
[K.S.
JHAVERI, J.] /phalguni/ Top