K B SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) Challenging the action of the Respondents in rejecting the candidature of the Petitioner for promotion to the post of Director (Prosecution) vide Annexure R/1 dated 18.1.2008, Petitioner has filed this writ petition.

(2.) Facts that have come on record indicate that Petitioner at the relevant time, when this writ petition was filed, was working as Joint Director (Prosecution) in the pay scale 12,000-375-16,500/- and order in this regard is Annexure P/1. However, as a regular incumbent to hold the post of Director (Prosecution) was not available, Petitioner was made Incharge/Acting Director vide order - Annexure P/2. As Petitioner was already discharging the duties of a Director in accordance to the provisions of The M.P. Public Prosecution (Gazetted) Service Recruitment Rules 1991 (hereinafter referred to as 'Rules of 1991'), Petitioner submitted an application seeking regular appointment on promotion to the post of Director. However, when the same was not considered and when his representation was not taken note of, he filed this writ petition and during the pendency of this writ petition when the representation was rejected vide order-dated 18.1.2008 - Annexure P/6, the petition has been amended and challenge made to the aforesaid order.

(3.) Taking me through the provisions of the Rules of 1991 and Schedule 2 thereto, Shri Dubey, learned Counsel for the Petitioner, argued that the post of Director is to be filled up 100% by promotion from the post of Joint Director and for the said promotion no statutory experience in the post of Joint Director is prescribed. It is indicated by learned Counsel that under the Rules of 1991, the option and the discretion to the Government to fill up the post by deputation of person belonging to the IAS, IPS and Higher Judicial Service is available only if a departmental candidate is not available and in the present case even though Petitioner, a departmental candidate, was qualified and was working as Acting Director, his case for promotion was not considered and a person on deputation was called from the other service.