RAM RATAN BARAIYA Vs. STATE OF M P

JUDGEMENT

(1.) SINCE similar questions of facts and law are involved in these two matters, with the consent of parties, the matters are analogously heard and decided by this common order. Facts are taken from W.P.No.6294/2003.

(2.) THIS matter was initially filed before M.P. Administrative Tribunal (Tribunal) and was registered as O.A.No.964/2001. On abolition of the Tribunal, the matter was transferred to this Court and was re-registered as W.P.No.6294/2003. The petitioner was appointed as Treasury Accounts Clerk on 30.12.1983. Thereafter, a duly constituted D.P.C. recommended the case of the petitioner for promotion to the post of Upper Division Clerk. By issuing the order Annexure A-2 dated 24.7.1998, the petitioner was promoted as U.D.C. This promotion order of the petitioner was cancelled by impugned order dated 30.8.2001. The Tribunal by order dated 13.9.2001 stayed the operation of this reversion order. In addition to cancellation of promotion, the respondents imposed recovery of pay and allowances of the promotional post. A bare perusal of the impugned order shows that three reasons are assigned for cancellation of the promotion order-- (1) On the date of meeting of D.P.C. on 17.6.1998 no post in Scheduled Caste category was lying vacant. (2) The D.P.C. did not recommend the case of the petitioner for promotion. (3) There was no Government instruction on the subject whereby Scheduled Caste Category employee could have been promoted against the vacant Scheduled Tribe post.

(3.) I have heard the learned counsel for the parties and perused the record.