- (1.) This appeal is preferred against the judgment of the Madhya Pradesh high court allowing a writ petition filed by Respondent 1. Respondent 1 was a Junior Engineer in the service of Madhya Pradesh Electricity Board. He was appointed to the said post on 10/2/1976. Promotion to the higher post is governed by the rules contained in the Circular dated 10/3/1975.
(2.) Since there were not many opportunities for promotion and with a view to obviate stagnation, the Board issued on 6/5/1982 an order which reads as under: "An officer, who has completed 9/10 years of service in the same grade in a particular pay scale as indicated in para 4 of this order and has not got promotion for no fault of his own i. e. for want of a clear vacancy, will be eligible for exercising option to the next higher scale from the date following the date on which he completes 9/10 years' service in the same grade and his pay scale be fixed in the next scale in accordance with the rules governing promotion from one grade to another grade, under the normal fixation rules. "
(3.) This upgradation was, however, subject to several conditions mentioned in para 3 of the said order. Condition No. (ii) is relevant for our purpose. It reads: "(Ii) He is otherwise fit for promotion on the basis of overall performance as per normal rules of the Board. ";