HARBANS KUMARI W/O LATE SHRI DEVRAJ Vs. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, WATER RESOURCES

JUDGEMENT

(1.) BEING aggrieved by the order dated 16.04.2009 passed in Writ Petition 2119/2004 (S) dismissing the writ petition, this appeal has been filed.

(2.) NO exhaustive statements of facts are required to be narrated for the purpose of disposal of this appeal since the factual matrix of the case is not at all in dispute. Admittedly, deceased writ petitioner was appointed on the post of Steno-typist having all the eligibility qualifications except that of passing of the typing examination from the institute of Shorthand and Typewriting, recognized by the M.P. Board. The deceased writ petitioner faced difficulty in regard to lack of this qualification and therefore, he was not promoted on the post of Stenographer Grade II and I. Since the promotion was denied only on this sole ground, this made a cause to the deceased writ petitioner to file a writ petition near about 28 years ago which was numbered as M.P. No. 477/84 [Devraj Singh Parmar Vs. State of Madhya Pradesh and others] however, on account of formation of Madhya Pradesh State Administrative Tribunal and after establishment of its Bench at Gwalior, the said writ petition was transferred to the Tribunal where it was registered as T.A.No.133/93. The Tribunal on 01.07.1998 while considering the grievance of the writ petitioner and also hearing the learned counsel for the State allowed the petition. It would be fruitful to quote para 7 and 8 of the order of Tribunal which reads thus:-

(3.) HAVING heard learned counsel for parties, we are of the considered view that this appeal deserves to be allowed.