--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 10894 / 2010 KU. KALINDI D/O BHALCHANDRA DHAPRE Vs. STATE OF MP & THREE OTHERS * * * * * O R D E R ( 16/9/2011) The petitioner before this Court, an employee serving the Culture Department of the State of MP, posted at Government Sangeet College, Ujjain, has filed this present writ petition being aggrieved by the order dt. 25/8/2010 by which respondent No.4 has been posted as Principal, Music College, (Culture Department), Ujjain. The contention of the petitioner is that she was appointed as a Lecturer on 14/9/83 and was sent on deputation to Music College, Indore as Lecturer on 17/8/87, which is a College under the Culture Department of the State of MP. Petitioner has further stated that she was absorbed in the Culture Department of the State of MP by an --- 2 --- order dt. 18/11/98 and therefore after her absorption for all purposes she is an employee of the Culture Department of the State of MP and her service conditions are governed under the rules framed by the Governor known as MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998. Her grievances is that her case has not been considered by the State Government for grant of Kramonnati nor she has been considered for promotion to the post of Principal and she is holding the post of Lecturer right from 1983. Petitioner has further stated that the posting of respondent No.4 to the Culture Department vide order dt. 25/8/2010 on deputation is contrary to the provisions of the recruitment rules. A reply has been filed on behalf of the State Government and the stand of the Stat Government is that the petitioner is at present working as In-charge Principal of Government Sangeet College, Ujjain and as she was only the In-charge Principal, respondent No.4 has rightly been posted on deputation, specially in view of the fact that no regular Principal is available in the Department. --- 3 --- Respondents have also stated that the question of violation of any fundamental rights of the petitioner does not arise as promotions are done on the basis of recommendations of the Departmental Promotion Committee and the case of the petitioner can only be considered by holding a meeting of Departmental Promotion Committee keeping in view the MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998. Learned counsel for the respondents has prayed for dismissal of the writ petition. A reply has also been filed on behalf of respondent No.4 who has been posted on deputation and his contention is that he has been rightly posted on deputation bythe State Government and he has already assumed the charge of the post and he is continuing on the post of Principal, College of Music, Ujjain. Respondent No.4 has also prayed for dismissal of the writ petition. Heard learned counsel for the parties at length and perused the record and the matter is being disposed of finally at the admission stage itself with the consent of the --- 4 --- parties. In the present case, the petitioner before this court was appointed on the post of Lecturer in the Higher Education Department of the State of MP vide order dt. 14/9/83. Petitioner was posted on deputation under the Culture Department of the State of MP and was subsequently absorbed by an order dt. 18/11/98. She was sent on deputation on 17/8/87, meaning thereby she is continuing in the culture department since 1987 and has now finally been absorbed in the Department of Culture keeping in view the provisions of MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998. Petitioner has certainly put in more than 12 years of service and therefore the respondents were required to consider her case for grant of Kramonnati keeping in view the Circular issued by the State Government dt. 19/4/1999 read with the provisions of MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998 and other Circulars also by the State Government in the matter of --- 5 --- grant of Kramonnati from time to time. The return does not reflect that the case of the petitioner was considered for grant of kramonnati and therefore this Court is of the considered opinion that as she is languishing in the same pay scale of the post of Lecturer, she is entitled for consideration of her case for grant of Higher Pay Scale keeping in view the Circulars issued by the State Government as well as the provisions of MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998. The second grievance of the petitioner is that the respondents are not holding Departmental Promotion Committee for promotion to the next higher post of Principal though the petitioner has put in about 27 years of service. MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998 certainly provides for next higher promotion and it is really strange that the respondents are not holding the Departmental Promotion Committee meeting in the Department of Culture for consideration of the case of Lecturers keeping in view the MP Culture --- 6 --- Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998 and are filling up the posts by deputing persons from other departments. Resultantly, the respondents deserve a command to hold a meeting of Departmental Promotion Committee in accordance with the provisions of MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998 and tp consider the case of the petitioner along with other identically placed persons for promotion to the higher post of Principal in accordance with law. Accordingly the writ petition is allowed with the following directions : (1) Respondents are directed to consider the case of the petitioner for grant of kramonnati / upgradation keeping in view the provisions of MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998 read with the policy of the State Government dt. 19/4/1999 and other circulars issued from time to time. The aforesaid exercise be concluded as expeditiously as possible, preferably within a period of 3 months from the date of receipt of --- 7 --- the certified copy of this order. (2) The respondents are directed to hold a meeting of Departmental Promotion Committee for promotion to the next higher post of Principal, keeping in view the provision of MP Culture Departments (Directorate of Rajbhasha Evam Sanskriti) Gazetted Service, Recruitment Rules, 1998 for considering the case of the petitioner as well as of other eligible Lecturers serving under the Department of Culture for promotion to the next higher post. The aforesaid exercise of considering the case of all eligible candidates be concluded positively within 3 months from the date of receipt of certified copy of this order. With the aforesaid, this petition stands allowed. No order as to costs. (S. C. SHARMA) J U D G E KR