STATE OF MADHYA PRADESH Vs. SANKANTA PRASAD MISHRA
LAWS(MPH)-2021-3-99
HIGH COURT OF MADHYA PRADESH
Decided on March 26,2021

STATE OF MADHYA PRADESH Appellant
VERSUS
Sankanta Prasad Mishra Respondents

JUDGEMENT

VIJAY KUMAR SHUKLA,J. - (1.) The respondent/writ-petitioner filed an Original Application (O.A. No.1239/1994) before the State Administrative Tribunal (hereinafter referred to as "the Tribunal") under Section 19 of the Administrative Tribunals Act, 1985 and after abolition of the Tribunal the matter was transferred to the High Court and was registered as W.P. No.26595/2003 (Sankata Prasad Mishra vs. The State of M.P. and others). By the impugned order, dated 24-02- 2020, the writ petition has been allowed by the learned Single Judge and the appellant/respondents have preferred this intra-court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005.
(2.) The respondent No.1/writ-petitioner prayed for a direction to promote him on the post of Principal, Degree College w.e.f. 29-6-1993 with all benefits attached to the post and to pay him all the arrears of his salary till date, with a further direction to pay him the regular salary of the post of Principal or alternatively, to quash the order (Annexure-A/5) by which the writ-petitioner has been superseded and his juniors have been promoted.
(3.) The facts which are imperative to be stated are, that the respondent No.1 was appointed as a Lecturer through the Public Service Commission in the year 1962 and, thereafter in the year 1969, he was promoted to the post of Assistant Professor w.e.f. 14-9- 1969 and then he was further promoted to the post of Professor w.e.f. 10-6-1985. The respondent No.1 has filed a gradation list of the Professors showing the position as on 01-01-1992, wherein he has been placed at serial number 176 whereas the respondent No.2 has been shown at serial number 182, who according to the writpetitioner, was junior to him. It was pleaded that the writ petitioner was the senior-most Professor in the Department and he was asked to submit his consent for promotion on the post of Principal, Degree College. In pursuant thereto, he gave his consent vide letter dated 24-11-1992 and, thereafter, he was sent for training and a certificate in this regard was issued in favour of the writ-petitioner by the appellant/Department.;


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