K K KHARE Vs. CHIEF SECRETARY

JUDGEMENT

(1.) THE petitioner has challenged the order of the Madhya Pradesh State Administrative Tribunal, Bhopal Bench, Bhopal, dated January 27, 1998, passed in Original Application No. 76/97. Minimal facts emerging out of the record of this case may be narrated.

(2.) THE petitioner, Dr. K. K. Khare, was appointed as Specialist in Public Health and Family Welfare Department on 24-4-1968. Thereafter, he was promoted as Chief Medical Officer in 1989 followed by promotion as Joint Director on 8-7-1992. Dr. L. P. Mathur was appointed Specialist on 22-4-1964. He was promoted Chief Medical Officer and then Joint Director on 8-7-1992. In the seniority list dated 3-1-1996 (Annexure P/2), petitioner has been shown senior to Dr. L. P. Mathur.

(3.) IN the State of Madhya Pradesh, there were two posts, namely, Director, Public Health and Family Welfare and Director, Medical Services. Both the posts were vacant, therefore, exigency was felt to fill up these posts simultaneously, According to Madhya Pradesh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988, the requirement was that Joint Director, Public Health and Family Welfare, should have three years' experience for consideration to these posts and that promotion is based on merit-cum-seniority.