- (1.) Challenge in these appeals is the judgment dated 20.05.2006 and 21.04.2006 passed by High Court of Madhya Pradesh at Gwalior dismissing the Writ Appeal No.24 of 2006 and also the Writ Petition No.420 of 2003, thereby upholding the cancellation of departmental promotion of the appellant observing that the appellant has not worked on the post of Steno-typist continuously for a period of five years before departmental promotion and thus does not possess the eligibility criteria for promotion as a Stenographer.
(2.) Appellant was initially appointed as a daily wager in the Forest Department before 1990 and his service was regularized on the post of Lower Division Clerk (LDC) w.e.f. 17.01.1990. In the year 1992, vide Order No.253 dated 09.12.1992, the appellant was made in charge of Office Steno. Vide Order No.Stha./47 dated 12.04.2002, the Conservator of Forest, Shivpuri Circle directed the absorption of the appellant on the post of Steno-typist and special salary of Rs.125/- was sanctioned to him for doing the work of Steno-typist. Vide Order No./Stha/32 dated 22.01.2003, the appellant was promoted to the post of Stenographer in the pay scale of Rs.4500-125-7000. The Chief Conservator of Forest passed the Order No.Prash.Araj/Stha/Fa-2/1169 dated 22.09.2003 cancelling the appointment of appellant on the post of Stenographer holding that promotion was granted to the appellant by ignoring the condition of completing five years of service as Steno-typist.
(3.) Aggrieved by the cancellation of his promotion, appellant filed a Writ Petition No.420 of 2003 challenging the order of cancellation and reversion from the post of Stenographer to the post of Steno-typist. The writ petition was dismissed by the Single Judge of the High Court vide order dated 21.04.2006 observing that the appellant was not holding the minimum eligibility criteria for the promotion to the post of Stenographer and therefore his order of promotion was rightly cancelled. Writ Appeal preferred by the appellant also came to be dismissed. The appellant assails the correctness of the dismissal of his writ petition and also the writ appeal in these appeals.;