The court ruled that the state was not legally obligated to create promotional avenues for Laboratory Technicians under the existing service rules.

Order :

Ramesh Sinha , CJ.

1. Heard Mr. Somkant Verma and Mr. Rishi Kant Mahobia, learned counsel for the petitioners. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the respondent No. 1 & 2/State and Mr. Dhiraj Wankhede, learned counsel, appearing for the respondent No. 3/UGC.

2. The present petition has been filed by the petitioners with the following prayers :

“10.1 That, this Hon'ble Court may kindly be pleased to issues necessary Direction/ Writ in the nature of mandamus to the respondent authorities to amend the M.P. Class III Service Recruitment and Promotion (Mahavidhyala Shakha) Rules 1974 and to create promotional avenues for the post of Laboratory Technicians within some stipulated period.

10.2 Any other relief deem fit in the present facts and circumstances of this case may also be awarded to the petitioners alongwith the cost of the petition throughout.”

3. Brief facts of the case are that the petitioners are Laboratory Technicians working in different Colleges of the State of Chhattisgarh. They are governed by the M.P. Class III Service Recruitment and Promotion (Mahavidhyala Shakha) Rules, 1974. Petitioner No. 1 was first appointed as a Laboratory Assistant (Psychology) in Govt. Kamla Devi Mahila Mahavidyalaya, Rajnandgaon, vide order dated 07.01.1985, on a temporary ad hoc basis for a period of 89 days. Likewise, the other petitioners were also appointed as Laboratory Technicians in their respective Colleges and have been working in the said posts for the last 22–25 years on a single-cadre post. Petitioner No. 1 joined service on 07.01.1985 itself, Petitioner No. 2 joined on 11.06.1984, and Petitioner No. 6 joined on 02.07.2013. Out of a total of 146 Technicians who were regularised, most of them have retired from service without any promotion. They continued in their jobs until the year 1989, and vide order dated 31.08.1989, their services were regularised and a fresh appointment order was issued. They were regularised as Laboratory Technicians in the pay scale of 1200-40-1440-1800 and were posted in the same institutions. Since the date of regularisation, the petitioners have been working in their respective institutions as Laboratory Technicians without any dispute.

4. On 06.03.1997, the State Government issued Memo No. 18/40/95/38/2 declaring that the post of Laboratory Technician under the Higher Education Department shall be treated as a Teaching Post and the age of superannuation for these employees would be 60 years instead of 58 years. Another circular dated 19.05.1997 was also issued, declaring that the post of Laboratory Technicians would be treated as a Teaching Post, and therefore, they were entitled to vacations similar to teachers working in the institution. These facts demonstrate that the petitioners were initially appointed as Laboratory Assistants and were regularised as Laboratory Technicians in 1989, and that the State Government subsequently treated the said post as a Teaching Post.

5. Petitioner No. 1 completed his Master’s Degree in Commerce in 1987. He further completed the Test of Arts in Psychology in 1991, securing First Division with 8th position in the University. He also undertook research work, and on the basis of his thesis submitted to Pt. Ravishankar Shukla University, Raipur, he was awarded a Ph.D. in Psychology on 01.08.2000. In 2008, he passed M.A. in Clinical Psychology as an additional subject.

6. The rules governing appointment to the post of Assistant Professor are the C