P.K. SAXENA Vs. THE STATE OF MADHYA PRADESH
LAWS(MPH)-2016-11-3
HIGH COURT OF MADHYA PRADESH
Decided on November 07,2016

P.K. Saxena Appellant
VERSUS
The State of Madhya Pradesh Respondents




JUDGEMENT

SUJOY PAUL, J. - (1.)This is second visit of the petitioner to this Court relating to his grievance to occupy the promotional post of Assistant Statistical Officer (ASO).
(2.)Briefly stated, the facts are that the petitioner was holding the post of Assistant Grade I. Various posts in the respondent department were governed by the M.P. Local-Self Govt.Department Services (Non-Gazetted) Recruitment Rules, 1978. Admittedly, initially in the said rules, the post of ASO was not included. This post was subsequently created by the department.
(3.)The petitioner was promoted on the post of ASO by order dated 30.12.2000. The petitioner was subsequently reverted by order dated 27.05.2003. Since reversion order was passed without affording opportunity to the petitioner, petitioner assailed it by filing W.P. No.3288/2003. This Court stayed the effect and operation of the reversion order dated 27.05.2003. This writ petition was decided on 22.08.2007 and respondents were directed to afford opportunity to the petitioner and take a decision afresh. Till decision is taken, ad-interim order was continued. In turn, the respondents gave an opportunity of hearing to the petitioner and passed the impugned order dated 10.07.2012 (Annexure-P/4). The earlier reversion order dated 27.05.2003 is affirmed by passing this order.


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