ORDER

The present petition under Article 226 of the Constitution of India has been directed against the order dated 25.02.2008 passed by the respondent no.2, The Director, Directorate Training (ITI) M.P. Jabalpur, whereby the petitioner was demoted from the post of Assistant Grade-2 to the post of Assistant Grade-3 for the reason that the petitioner could not pass Hindi Type Writing Examination, which was mandatorily required for the promotion, while infact the petitioner has got through the said examination prior to the date of passing of the impugned order.

2. The aforesaid order has been assailed on the ground that the same has been passed without providing any opportunity of hearing and is against the principles of natural justice, therefore, is violative of fundamental rights as contemplated under Article 14, 16 and 21 of the Constitution of India, thus, deserves to be set aside.

3. Short facts of the case are that the petitioner was initially appointed on the post of LDC (type-writing) under the Clerical Services Grade-3, vide order dated 28.10.1993 and in compliance of the said order the petitioner had joined the services at Industrial Training Institute, Raghogarh. As per the appointment letter the petitioner was required to pass Hindi Type Writing Examination within a period of two years from the date of appointment and till passing of the Hindi Type Writing Examination, he was to be paid minimum scale of pay. Further from the next date of passing of the examination, the petitioner would be appointed on the post of LDC on probation for the period of two years. The petitioner had sought extension for clearing the Hindi Type Writing Examination, but vide letter dated 05.06.1998 it was informed to him that no further extension would be granted for passing the said examination and it would be only after he attains the age of 40 years that he shall be entitled for exemption from liability to go through said examination.

4. Thereafter, the petitioner was promoted to the post of Assistant Grade-2 vide order dated 28.12.2002 passed by respondent no.2, Director and in compliance of the said order the services were joined by the petitioner on the post of Assistant Grade-2 at ITI, Raghogarh, Guna. Vide order dated

16.12.2004, the petitioner was declared permanent w.e.f 01.04.2004.

5. Thereafter, in the month of February, 2008 the petitioner cleared his Hindi Type Writing Examination and Short hand exam and submitted certificate to that effect to the Department which was issued by the Principal Govt. Higher Secondary School, Guna.

6. It was only on 16.07.2008 that the petitioner received the copy of impugned order dated 25.02.2008, whereby he acquired the knowledge that he had been demoted from Assistant Grade-2 to Assistant Grade-3. Immediately after that vide letter dated 17.07.2008 respondent no.3 i.e. Principal, ITI, Raghogarh mentioning that the petitioner had cleared the exam of Hindi Type Writing in the month of February, 2008 and forwarded the said certificate and requested respondent no.2 about the present status of the present petitioner.

7. Thus, though the petitioner as per the requirement had cleared the Hindi Type Writing Examination was wrongly demoted, therefore, the present petition has been preferred.

8. Learned counsel for the petitioner has assailed the impugned order on the ground of violation of principles of natural justice as while passing the impugned order no opportunity of hearing was granted to him and without considering that, just prior to passing of the impugned order he had cleared the Hindi Type Writing Examination, therefore, the respondent authorities should have considered the factum of acquiring the eligibility criteria as was required, but on wrong premise the petitioner was demoted to Assistant Grade-3 which was per se illegal, therefore, the order deserves to be set aside.

9. In support of his contentions he had placed reliance in the matter of Manoj Kumar Purohit and Ors. vs. State of MP an