O R D E R

Heard finally with the consent of the parties.

2]

the Constitution of India seeking the following reliefs:- “(a) to call for the relevant records of the case from the respondents;

(b) to command the Respondent No.3 & 4 to permit the petitioner to resume his duties on the post of Head of the Department in Civil Engineering in Government Polytechnic College, Ujjain, in the services of autonomous society w.e.f. 1.9.2011 and to grant him all consequential and monetary benefit, by a writ of MANDAMUS or any other appropriate writ, direction or order;

(c) to allow this petition with costs;

(d) to pass such other order(s) as may be deemed appropriate in the facts and circumstances of the case, to grant relief to the petitioner.”

3] Lecturer in Civil Engineering. Vide order dated 01.09.2008, he was appointed on deputation on the post of Head of the Department, Civil Engineering with certain conditions, one of the conditions was that he would be allowed to maintain his lien on the post of Lecturer in Civil Engineering for a period of three years, and thereafter the petitioner was required to chose between his absorption on the post of Head of the Department of Civil Engineering and his earlier posting as Lecturer in Civil Engineering. It is further the case of the petitioner that as the Madhya Pradesh Technical Education Polytechnic College (Teaching Cadre) Services (Recruitment) Rules, 2004 (hereinafter referred to as 'the Rules of 2004'), under which the petitioner's appointment was made on 01.09.2008, were under challenge in W.P. No.625 of 2005 which was still pending, hence, the petitioner continued as the HOD for the period of three years only, but due to uncertainty hovering over the Rules of 2004, he joined back his post as Lecturer after completion of three years as no order for extension of the post was issued by the State

Government.

4] identically placed persons were allowed to join on their higher post of HOD, hence the petitioner also made his representation for his joining on the post of HOD, Civil Engineering. The aforesaid representation of the petitioner was replied to by the respondent No.1 vide letter dated 17.01.2022, wherein it has been directed that for the restoration of the petitioner's services on the post of HOD, Civil Engineering, the Principal of the Polytechnic College, Ujjain can pass the appropriate orders and no further clarification is required in this regard from the

State Government.

5] submitted his application to the Principal of the Polytechnic College, Ujjain, but no order was passed in this regard by the said Principal, which has led to the petitioner to file this petition. In the meantime, the petitioner also preferred various other representations as well to the

Principal of the Polytechnic College, Ujjain but to no avail.

6] issued by the Deputy Secretary Technical Education and Skill Development, Bhopal wherein it is directed to the Commissioner, Technical Education that after disposal of the writ petitions by the High Court on 25.01.2022 and 04.2.2022, those persons, who were given the lien for a period of three years and who have not submitted any option till date, nor any order has been passed regarding their absorption, in such cases, such persons can be asked to file their option within 15 days time, failing which it would be deemed that they intend to continue in the service as per the Rules of 2004, i.e., under an Autonomous Cadre and thereafter, no such application shall be entertained.

7] the aforesaid letter dated 20.05.2022, the respondents were required to accord the benefit of his appointment to the post of HOD, Civil Engineering as per the order dated 01.09.2008. Counsel has further submitted that similarly situated persons, who were also appointed in the same manner as the petitioner was appointed vide order dated 01.09.2008, have also been allowed to join on the post of HOD even during pendency of the writ petitions challenging the 2004 Rules. In this regard, the appointment orde