R.C. DUBEY Vs. STATE OF MP

JUDGEMENT

(1.) THE instant intra-court appeal arises from the order dated 10.08.2010 (Annexure A/1) passed in W.P.(S) No. 3033 of 2005 (R.C.Dubey v. Principal Secretary, Department of Agriculture, State of Madhya Pradesh, Bhopal & Others) passed by the learned Single Judge.

(2.) THE appellant/petitioner preferred an application before the Madhya Pradesh State Administrative Tribunal, Bench at Raipur, being O.A. NO. 779/1999, which was transferred to this Court and re-numbered as W.P.(S) No. 3033/2005. THE appellant challenged the supercession and promotion of his junior i.e. respondent No. 4 on the post of Upper Division Clerk, (Assistant Grade II), on several grounds. THE learned Single Judge, after considering all the aspects of the matter, held that adverse remark in the Annual Confidential Report (for short 'ACR') considered in the Departmental Promotion Committee (for short 'the DPC') held on 25.04.1997, were un-communicated to the appellant. Thus, treating the appellant unfit for promotion was held to be illegal and the State/respondent No. 1 to 3 were directed to consider the case of the appellant for promotion to the post of Upper Division Clerk in accordance with the rules and guidelines and in light of the observations made in the judgment as on the earlier date. However, it was made clear that if the appellant was found fit for promotion from the earlier date, the appellant shall be entitled to all consequential benefits of notional pay fixation, seniority, except the arrears of pay. THE appellant has challenged a part of the judgment to the extent where the arrears of pay was denied.

(3.) IN this appeal, the question which falls for consideration is that whether the appellant is entitled to difference of salary, if the appellant was found fit for promotion in the DPC meeting held as on 25.04.1997. The appellant was granted notional pay and fixation of seniority as a consequence.