LAWS(MPH)-2011-7-160

JYOTI UPADHYAY Vs. STATE OF M P

Decided On July 28, 2011
Jyoti Upadhyay Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) Heard.

(2.) Challenge in the petition under Article 226 of the Constitution of India is to an order dated 15- 07-2002 whereby petitioner is reverted from the post of Assistant Project Officer to the post of Supervisor in Women and Child Development Department. The reversion is on the consideration that the petitioner belongs to Adult Education and would be entitled to seniority from the date of her absorption i.e. 07- 03-1992 and not from initial date of her appointment i.e. 10-06-1982. Petitioner was initially appointed vide order dated 10-06-1992 in the Department of Panchayat and Social Service as Supervisor (Child Development) in grade Rs. 246-6-270-10-350- EB-12.5- 400- 20-460 and was posted in Integrated Child Development Project. Subsequently, the said project was bought under the aegis of Department of Women and Child Development wherein the seniority of the petitioner was maintained as on 1-4-1993 and 1-4-1996 brought on record as Annexure-A/4 and A/5. That, on the basis of seniority, the petitioner was promoted as Assistant Project Officer in grade of Rs. 1400-2600.

(3.) While working as Assistant Project Officer, the impugned order has been passed on 15- 07-2002 whereby petitioner has been reverted on the ground that her seniority has been wrongly construed from 10- 06-1982. It is is said that petitioner shall have seniority from 07-03- 1992, the date on which she is absorb ed being a surplus employee of Adult Education.