VIJAY PRAKASH SAXENA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD Appellant has filed this appeal against the order dated 3.11.2009 passed by the learned Single Judge of this Court in Writ Petition No. 2717/08.

(2.) THE appellant-petitioner filed a petition in regard to his promotion w.e.f. 05.09.1998 along with arrears of salary. THE appellant-petitioner was appointed to the post of Clerk vide order dated 11.8.1975. He was promoted to the post of Assistant Accountant/Senior Cashier in the pay scale of Rs. 1050- 1800 vide order dated 27.3.90. Ameeting of the Staff Sub Committee was held on 4.9.1998 in the Chairmanship of President of the Bank in regard to consideration of cases of employees of the Bank for their promotion. It was decided in the meeting that in the cases of those employees against whom a departmental enquiry is pending or comtemplated the procedure of sealed cover be adopted. THE Departmental Promotion Committee considered the case of appellant-petitioner for promotion to the post of Manager and he was found fit for promotion, however, against the name of appellant-petitioner a remark was made that a departmental enquiry for decision was pending. No sealed cover procedure was adopted in the case of the petitioner.

(3.) ON the basis of the aforesaid pleading the appellant prayed before the writ Court that he was entitled to get promotion as per the recommendations and decision of the Staff Sub Committee in its meeting held on 4.9.1998.