SMT. SUNITA JHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed by the petitioners presently posted as Junior Scientist at M.P. Pollution Control Board, Jabalpur (M.P.) under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) The case of the petitioners is that as per the recruitment rules of M.P. Pollution Control Board Service (First and Second Class Recruitment and Service Condition) Rules, 1996 (hereinafter referred to as 'the Rules of 1996') and also the Madhya Pradesh Public Services (Promotion) Rules, 2002 (for short 'the Promotion Rules, 2002') a DPC is to be conducted every year by assessing the vacancies which are liable to be filled-up in accordance with law, since the petitioners' are claiming their promotion on the post of Scientist on the ground that the vacancies are available and their seniority also entitled them for such promotion.

(3.) A reply to the petition has also been filed by the respondents No. 2 and 3 contending that the case of the petitioners for promotion cannot be entertained at this stage as this Court in W.P. No.1942/2011 has already held that the provision relating to reservation, backlog vacancies, carry forward of backlog vacancies and the operation of roaster, contained in the Promotion Rules 2002 runs contrary to the constitutional provisions contained in Clause (4A) and (4B) of Article 16 and Article 335 of the Constitution of India and since the aforesaid order is in operation till date, the respondents are bound by the said order.