LAWS(MPH)-2009-4-2

BHARAT BHUSAN SHARMA Vs. STATE OF M P

Decided On April 15, 2009
BHARAT BHUSAN SHARMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS writ appeal is preferred by the appellant challenging order dated 17/03/2009 passed in W. P. (s) No. 13/2009 passed by Single Judge of this Court whereby the petition filed by the present appellant was dismissed.

(2.) THE brief facts of the case are that the appellant is a government employee working on the post of Assistant Grade-Ill at Janpad Panchayat, Vidisha. He filed a writ petition challenging the order dated 15/12/2008 whereby the respondent no. 3 has been promoted to the post of UDC in the pay-scale of Rs. 4,000-100-6,000/ -.

(3.) THE contention of the appellant is that he was found more meritorious than respondent No. 3 by the DPC as he has secured 20 marks in the DPC while the respondent No. 3 has secured only 13 marks, and therefore, he should be promoted. Respondents No. 1 and 2 have committed error in promoting the respondent No. 3. The order of. promotion of respondent No. 3 (Annexure P/l) was challenged by the present appellant by way of filing a writ petition i. e. W. P. (s) No. 13/2009 which was dismissed by the impugned order. The learned writ Court upheld the order of promotion of respondent No. 3 dated 15/12/2008, hence this appeal.