ASHOK MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) In this petition, the petitioner inter alia seeks quashment of the order dated 29.1.2011 (Annexure P-1) as well as the order dated 5.3.2011 (Annexure P-2) by which the order of absorption of the petitioner dated 14.2.1996 and his promotions on the post of Deputy Controller and Joint Controller vide orders dated 31.7.1997, 17.9.1999 and 15.9.2005 respectively have been cancelled and the petitioner has been relieved w.e.f. 8.3.2011 directing him to join his parent department In order to appreciate the petitioner's challenge to the impugned orders, few facts need mention which are stated infra. The petitioner was employed as Steno grade - II in the pay-scale of Rs. 1640-2900 in the Water Resources Department. The petitioner submitted an application on 10.12.1990 for his deputation of M.P. Professional Examination Board (in short 'the Board'). The Board decided to take the services of the petitioner on deputation. Accordingly, by communication dated 28.12.1990 the Engineer-in-Chief of water Resources Department was apprised that Board has taken a decision to take the services of the petitioner on deputation on the post of personal assistant. Accordingly, a request was made to relieve the petitioner. In view of the communication sent by the Board, the Engineer-in-Chief vide order dated 2.1.1991 lent the services of the petitioner on deputation to the Board for a period of two years. The petitioner was relieved on 2.1.1991 and joined the services of the Board on 2.1.1991 itself.

(2.) A meeting of the Board was held on 24.10.1994 to review the set up of the posts in the Board. A decision was taken to upgrade the post of personal assistant to the post of Assistant secretary and accordingly the pay-scale in respect of the aforesaid post was upgraded from pay-scale of Rs. 1640-2900 to Rs. 2200-4000/-. In pursuance of the decision taken by the Board an order dated 19.12.1994 was passed with regard to upgradation of the aforesaid post. Thereafter the Board in its meeting dated 3.5.1995 considered the cases of all the eligible persons for selection on the post of Assistant Secretary. By taking into account the performance of the petitioner on the post of personal assistant, the petitioner was selected for the post of Assistant Secretary. The matter relating to absorption of services of the petitioner on the post of Assistant Secretary was referred to the Minister, Water Resources Department as well as the General Administration Department of the Government of M.P. and Finance Department. Thereafter vide order dated 14.02.1996 the services of the petitioner were absorbed in the Board in the pay-scale of Rs. 2200-4000/-.

(3.) In view of the paucity of employees, the Board in its meeting held on 4.3.1997 decided to relax the requirement of minimum qualifying service of five years for consideration for the post of Deputy Controller as one time measure. Thereafter the cases of all eligible candidates were considered for promotion to the post of Deputy Controller. The petitioner along with one M. M. Kureshi, was promoted on ad hoc basis on probation for a period of two years, on the post of Deputy Controller vide order dated 31.7.1997. Thereafter, the meeting of the departmental promotion committee was held and in view of the recommendation of the departmental promotion committee the petitioner was promoted to the post of Deputy controller on regular basis vide order dated 17.9.1999.