G R NIRALA Vs. STATE OF C G

JUDGEMENT

(1.) THE present petition impugns the order dated 1.10.2003 (Annexure P/15) whereby the Respondent No. 4 Shri M.M. Kharver has been promoted to the post of Assistant Engineer. THE grievance of the Petitioner is that the Respondent No. 4, who is much junior to the Petitioner has been granted benefit of the promotion, ignoring rightful claim of the Petitioner by the Respondents No. 1 to 3, without assigning proper place to the Petitioner in the list of seniority.

(2.) THE brief undisputed facts, necessary for consideration of the present petition are that the Petitioner was working on the post of Surveyor on ad hoc basis w.e.f. 29.3.1985. Vide order dated 15.7.1991 (Annexure P/l) the Petitioner was appointed on officiating basis along with other persons, wherein name of the Petitioner was placed at serial No. 1 and name of Respondent No. 4 was placed at serial No. 3. THE Petitioner has filed gradation list (Annexure P/2), showing the position as on 1.4.1995, in which the name of the Petitioner was placed at serial No. 8 and the name of the Respondent No. 4 was placed at serial No. 10. THE particulars of the Petitioner and the Respondent No. 4, mentioned in the gradation list were as under:

(3.) SHRI Prafull Bharat, learned Counsel appearing for the Petitioner submits that the appointment of the Petitioner along with Respondent No. 4 was with a condition that the officers have to pass the departmental examination on completion of probation period of three years in accordance with the provisions of the Madhya Pradesh Electrical Inspectorate (Departmental Examination) Rules, 1987 (for short 'the Rules 1997'). It was further contended that the prescribed period of three years for passing the examination was extended by Sub-rule (3) of Rule 2 of the Rules 1987 by order (Annexure P/6). Hence, the Petitioner be granted seniority from the date of initial appointment i.e. 15.7.1991 in accordance with Rule 5(1)(a) of the Rules 1987.