MAHESH PRASAD BAJPAI Vs. STATE OF M P

JUDGEMENT

(1.) The Petitioner was appointed to the post of Agricultural Demonstrator in the year 1958. In due course, he was promoted to the post of Agricultural Development Officer w.e.f. 27.09.1985. He was aggrieved by him being ignored by the D.P.C. that met on 13.05.1991 for his second promotion to the post of Senior Horticulture Development Officer. He challenged the action of Respondents for ignoring him of his second promotion to the post of Senior Horticulture Development Officer by filing an original application before the State Administrative Tribunal. The said application of the Petitioner remained pending before the State Administrative Tribunal till the Tribunal was abolished in the year 2002 and further the case of the Petitioner was transferred from the Tribunal to this Court for decision. The original application filed by the Petitioner before the State Administrative Tribunal upon its transfer to this Court was registered as W.P. No. 2612/2003 and the same was disposed of by this Court vide order dated 01.12.2004 with the following directions to the Respondents:

(2.) Since the above directions of this Court were not complied with by the Respondents, the Petitioner had to file a contempt petition against the Respondents being Contempt Petition No. 520/2005. During pendency of the contempt proceedings, the Respondents have held a review D.P.C. on 05.03.2009 in terms of the judgment of this Court dated 01.12.2004 in W.P. No. 2612/2003 and took a decision to promote the Petitioner to the post of Senior Horticulture Development Officer. The minutes of meeting of the D.P.C. are annexed as Annexure P-4 at page 36 of the paper book. A perusal of the minutes of meeting of review D.P.C. dated 05.03.2009 reveals that the D.P.C. did not decide the effective date from which the Petitioner shall be entitled for his promotion to the post of Senior Horticulture Development Officer. However, the Director, Horticulture vide communication dated 07.03.2009 (Annexure P-1) informed the Petitioner that he has been promoted to the post of Senior Horticulture Development Officer w.e.f. 04.09.1991. The Petitioner was further informed by the Director, Horticulture that he shall not be entitled to pay of the promoted post of Senior Horticulture Development Officer for the period intervening between the date of his promotion and the date of his superannuation i.e. 30.06.1992.

(3.) In view of the review D.P.C. held by the Respondents on 05.03.2009 and the communication dated 07.03.2009 received by the Petitioner from the Director, Horticulture, the contempt petition being C.P. No. 520/2005 was disposed of by this Court vide order dated 17.03.2009 granting liberty to the Petitioner to file a substantive writ petition against the communication of the Respondents.