D.N. SHUKLA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE grievance of the petitioner is that the order of promotion issued in his respect has been illegally cancelled on 17.8.2011 without granting an opportunity of hearing to the petitioner and as such, the order impugned is bad in law. It is contended that the petitioner was a trained person in computer. THE circulars of the State Government were issued for giving preference in the matter of appointment and promotion to such trained persons. As per the provisions of Rule known as Madhya Pradesh Irrigation Department (Non- Gazetted) Recruitment Rules, 1969 (hereinafter referred to as the Rules of 1969 for brevity), the petitioner was considered for promotion and as seniors to the petitioner were not qualified in computer, an order of promotion was issued in respect of the petitioner giving him merits over and above those seniors. THE order of promotion was rightly issued in respect of the petitioner, but mechanically without there being any justified reason, the order of promotion of the petitioner has been cancelled by the impugned order, therefore, he is required to approach this Court by way of filing this writ petition. It is contended that the only reason assigned in the order of cancellation of promotion is that the promotion order of petitioner has been challenged in the writ petition filed by one Ramesh Prasad Rajak, Assistant Grade-III, and because of that reason when the fact was examined, there were 26 senior persons who were left out in the matter of promotion, therefore, out of turn promotion of the petitioner was not justified and the same is required to be cancelled. It is contended that on such lame excuses, promotion of the petitioner was not to be cancelled.

(2.) THE respondent-State has filed the return and has contended that as per Rules of 1969 aforesaid, only the claims were to be considered and though under sub-rule (4) of Rule 15 of the Rules of 1969, the manner of making the select list is provided, yet the persons like petitioner were not to be given the benefit of promotion. This fact came to the notice of the respondent when the writ petition was filed by the aforesaid Ramesh Prasad Rajak. After examining the record, rightful action has been taken and the orders have been passed.