N B LAD Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-1980-8-31
HIGH COURT OF MADHYA PRADESH
Decided on August 29,1980

N B LAD Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

V K SINGH VS. STATE OF M P [REFERRED TO]


JUDGEMENT

- (1.)THIS petition comes before us on a reference being made by a Division Bench, as in its opinion, there is a conflict in the views taken by two Division Benches of this Court.
(2.)THE short facts leading to the present reference are these. The petitioner is an allocated Government servant. He was initially employed in quondam State of Madhya Bharat on the post of Cane Supervisor from 16-1-1950. On the formation of the new State of Madhya Pradesh, under the states Reorganisation Act, 1956, he was integrated on the post of Agriculture assistant (Lower Division ). Thereafter, vide order dated 3-5-1963 (Annexure r. 1), he was promoted to the post of Assistant Director of Agriculture which is a Class 11 (Gazetted) Post until further orders and this promotion was subject to the concurrence of the Madhya Pradesh Public Service commission. Having been promoted on this post, the petitioner was posted as Assistant Soil Conservation Officer, in the same grade and scale of pay.
(3.)THE State Government had constituted a Departmental Promotion committee, under the Madhya Pradesh Agricultural Service (Gazetted) Recruitment Rules, 1966, as published vide Notification No. 7265 of 6137-X1v-I dated 18-10-1966, in the M. P. Gazette, Part IV (Extra Ordinary) dated 22-3-1968 there-in-after referred to as the 'agricultural Services Rules' ). During the working of the petitioner on the promoted post certain adverse remarks were recorded in his confidential. The matter of petitioner's suitability for the promoted post was first scrutinized by the Departmental Promotion Committee, constituted under 'the Agricultural Services Rules' which found the petitioner to be un-suitable for promotion. The matter was then sent to the Public Service Commission for its opinion along with the opinion of the Departmental Promotion Committee. The Public Service Commission concurred with the opinion of the Departmental Promotion Committee and opined that the petitioner was unsuitable. Accepting this opinion, the State government vide order dated 24-9-1971 (Annexure P. 3) reverted the petitioner to the post of Agriculture Assistant (Upper Division ). The petitioner had filed the present petition challenging this order of reversion.


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