SUBODH ABHYANKAR,J. - (1.) This review petition has been filed by the petitioners against the order dated 4.7.2017 passed by this Court in W.P. No. 12149/2012 (Virendra Kumar Soni and another v. M.P. State Agriculture Marketing Board) whereby the writ petition was dismissed rejecting the claim of the petitioners seeking promotion.
(2.) Counsel for the petitioners has submitted that in the writ petition the following reliefs were sought:- "(i) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to call for the entire record from the respondent with regard to promotion to the post of Assistant Engineer from the post of Sub Engineers and Draftsman for its perusal. (ii) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction against the respondent to grant promotion to the post of Assistant Engineers from the post of Sub Engineers to the petitioners after their completion of 8 years of service as per rules framed by the respondent with all consequential monetary benefits. (iii) The Hon'ble High Court may kindly be pleased to issue an appropriate writ, order or direction to declare the petitioners are entitled to hold the post of Assistant Engineers from the date they are eligible as per rules. (iv) Any other appropriate writ, direction or order against the respondents be issued in favour of the petitioners with cost of the petition."
(3.) Learned counsel for the petitioners has submitted that the petitioners have sought promotion to the post of Assistant Engineer from the post of Sub Engineers after completion of eight years' of service as per rules framed by the respondent vide Annexure--P/1 for which approval was also made vide Annxure-P/2 by the Joint Director. Thus the contention of the petitioners was that they should have been promoted on the basis of the gradation list of 1998 or soon afterwards against 07 posts of Assistant Engineers from the quota of Diploma Holder Sub Engineers which were vacant at the time of DPC held on 26.5.2008, and this Court after considering the rival submissions has observed in para 12 and 13 as under : "12. The aforesaid objection of common gradation list has been dealt with by the respondent in their reply wherein it is stated that a common/qualification wise gradation list has been prepared wherein the diploma and degree holders have been kept in one list only and the other four diploma holders who were senior to the petitioners have been placed above them and promoted on the post of Assistant Engineers. 13. As per the minutes of the meeting held by DPC, the promotions have been granted on the basis of seniority-cum-merit basis and as stated by the respondents the petitioners were in the zone of consideration but other four diploma holders who were senior to them have been promoted, which statements appear to be correct and there appears to be no violation of the reservation roster as well. It may be true that the State has prepared separate gradation list for diploma and degree holders as directed by the Apex Court but there appears to be no prejudice caused to the petitioners on account of this lapse on the part of the State.";