JUDGMENT

By this petition under Article 226 of the Constitution of India the petitioner, said to be working on the post of Lower Division Clerk in Govt. Post Graduate College, Damoh, has challenged the validity of order dated 30-10-2007 by which his representation made pursuant to the direction issued by this Court in his earlier writ petition, W.P. (S) No. 2649/2004 on 5-5-2004, has been rejected. It is contended by the petitioner that initially he was appointed in a private college on the post of Peon. In the year 1976, the said college was taken over by the State Government. The petitioner had passed the Higher Secondary Examination and, therefore, he was considered and promoted by the orders of the competent authority, i.e. the Principal of the College on the post of Laboratory Attendant on 4-10-1983. The Laboratory Attendants were required to be promoted on the post of Laboratory Assistant. However, the post of Laboratory Assistant was merged with the post of Laboratory Technician. Instead of considering the case of the petitioner for promotion on the post of Laboratory Technician, he was promoted on the post of Lower Division Clerk on 15-2-1989 but was posted against the post of Laboratory Technician. In fact the said promotion of the petitioner was considered in terms of the circular issued by the Directorate of Higher Education way back on 21-2-1983. A quota of promotion was prescribed for the Laboratory Attendants on the post of Laboratory Assistant or Laboratory Technician on completion of five years of service. The only condition mentioned in the said circular was that such Laboratory Attendants should have passed the Higher Secondary Examination or 12th Class with Science subject. In case such Class-IV employees with the aforesaid qualification were not available, then the Class-IV employees, who have passed the Higher Secondary examination in Arts subject may be considered for promotion. An amendment in the said circular was made on 20-12-1989 deleting the word 'promotion' and substituting by the word 'appointment'. The educational qualifications were changed stating that instead of 'Higher Secondary with Science subject', the 'Higher Secondary with related subjects' be substituted.

2. It is contended that many juniors to the petitioner were considered and promoted as Laboratory Technicians whereas the order of promotion was issued in respect of the petitioner promoting him as Lower Division Clerk against the vacant post of Laboratory Technician. Bringing to the notice the anomaly created in the matter of promotion, the petitioner made a representation but as the same was not considered, he approached this Court by way of filing W.P. (S) No. 2649/2004. This Court has disposed of the said writ petition of the petitioner in the anvil of the directions issued by the Court in certain disposed of writ petitions. It was observed that in case it is found that petitioner was to be promoted on the post of Laboratory Technician, notional fixation be done in his case. The representation was made by the petitioner pursuant to this order, which has now since been rejected by the impugned order, present writ petition is required to be filed. It is contended that similarly situated persons like respondents No. 5 and 6 have been given the benefit of promotion on the post of Laboratory Technician and, therefore, such a benefit could not have been denied to the petitioner. That being so, since the petitioner is discriminated, the present writ petition is required to be filed.

3. Upon service of the notices of the writ petition, the respondents have filed their return and have contended that the petitioner is not a Laboratory Attendant as his initial appointment was on the post of Peon. He could not have been promoted on the post of Laboratory Assistant in terms of the provisions of Madhya Pradesh Non-Gazetted Class-III Services (Collegiate Branch) Recruitment and Promotion Rules, 1974 (hereinafter referred to as 'Rules'). It is conte