ARVIND SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) In the present petition under Article 226 of the Constitution of India, the petitioner has assailed the legality, validity and propriety of the order dtd. 30/9/2013 (Annexure P-1) and order dated 30.12.20213 (Annexure P-2) passed by respondent No.2, whereby option exercised by the petitioner for inclusion of his name in "Group-B" seniority list has been rejected on the ground that option was submitted after cut of date i.e. 25/9/2007.

(2.) Brief facts leading to filing of this case are that petitioner was initially appointed as Sub Engineer on daily wages w.e.f 23/3/1987. The services of the petitioner were regularized on 30/10/1991 as Sub Engineer (Civil) in the Public Health Engineering Department. On 24/2/2000 petitioner was granted permission for pursuing the part time B.E. Degree course. The petitioner got admitted as a part time student in B.E. Course at MITS, Gwalior (M.P.). He completed B.E. Degree (Civil) in the year 2005. In the year 2007, Recruitment Rules were amended in which provision with respect to "Group-A" and "Group-B" seniority list was prepared. According to the amended Recruitment Rules and on completion of the degree course, petitioner exercised the option and the same was forwarded. As per the rules, such persons who have acquired B.E. Degree Course to be placed in "Group-B" seniority list. Thereafter, the employee was required to submit his option up to 25/9/2007 for inclusion of his name in the seniority list in "Group-A" and "GroupB". Petitioner again submitted his option on 21/9/2007 for inclusion of his name in the "Group-B" seniority list. On 22/9/2007, the Executive Engineer forwarded the name and option of the petitioner to the Chief Engineer. Alongwith name of the petitioner, name of one Shri K.G. Saxena was also recommended. However, name of Shri Saxena was included in "Group-B" seniority list but name of the petitioner could not be included in the seniority list on the ground that option was submitted after the cut of date i.e.25/9/2007.

(3.) Learned counsel for the petitioner submitted that order dtd. 30/9/2013 (Annexure P-1) and order dated 30.12.20213 (Annexure P-2) are absolutely illegal, therefore, liable to be set-aside. Learned counsel for the petitioner further pointed out that petitioner submitted option on 21/9/2007 which is evident from (Annexure P-7). According to (Annexure P-8) dtd. 22/9/2007, the Executive Engineer had forwarded his option to the Chief Engineer. It is submitted that petitioner can not be penalized for the mistake committed by the respondents. According to the letter dtd. 25/6/2013 (Annexure P-9) issued by the Chief Engineer PHE Gwalior to the Engineer in Chief, Bhopal, the mistake has been categorically admitted by the respondents. In such circumstances, the respondents may be directed to redraw the seniority list of "Group-B" and place the petitioner at the appropriate place/seniority.