MANHARAN PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the petition is heard finally.

(2.) Grievance of the petitioner as set out in the petition is that on account of delay in grant of appropriate seniority, the petitioner's case for promotion to the higher post could not be considered in time resulting in promotion of number of persons who were finally found junior to the petitioner.

(3.) While working as Assistant Ayurved Chikitsa Adhikari in Janpad Sabha, on account of taking over Janpad Aushadhalaya, the petitioner's case for absorption was considered. Initially, he was absorbed as Compounder. As the petitioner claimed absorption on the post of Assistant Ayurved Chikitsa Adhikari, a civil suit was filed by the petitioner which was finally decided vide order dated 23-04-1988. Thereafter, order of absorption of the petitioner on the post of Assistant Ayurved Chikitsa Adhikari was passed on 15-02-1989 (Annexure A-2) and the petitioner was so absorbed with effect from 01-04-1981. In the provisional gradation list which was issued on 02-11 -1981, the petii ioner's name did not find mention. On representation being made, name of the petitioner was placed at S.No.229 in the gradation list issued on 12-04-1993 (Annexure A-6). Aggrieved by this, the petitioner again made representation for assigning correct place in the gradation list. In the gradation list dated 18-10-1993 (Annexure A-8), the petitioner was placed at S.No.221. While this situation prevailed and the petitioner had been representing for grant of correct seniority, vide order dated 18/20-01 -1994 (Annexure A-1), respondents No.3 to 45 were promoted on the post of Assistant Ayurved Chikitsa Adhikari. Finally, vide order dated 20-02-1995, considering representations of the petitioner, the petitioner was assigned correct placement at S.No.78 (A) in the gradation list.