RAM KUMAR BAISHANDER Vs. STATE OF M P

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 226 of the Constitution, the petitioner, a Surveyor, initially sought a direction for the respondents to follow the statutory recruitment rules and fill up the promotional quota for the post of Sub-Engineer by convening a meeting of D.P.C. for the promotional post. However, during the pendency of the petition, the Gwalior Development Authority (GDA) passed an order dated 10-10-2008 whereby regularizing respondent No. 3 on the promotional post of Sub-Engineer. This order Annexure P-8 is called in question by filing an amendment. The amendment was allowed. Thus, now the relief sought is to quash the order dated 10-10-2008 and direct the respondents to consider the case of the petitioner in consonance with the statutory recruitment rules and convene a D.P.C. meeting.

(2.) Shri Anil Sharma, learned counsel for the petitioner, heavily relied on the seniority list of the feeder post of Surveyor (Annexure P-1) showing the position as on 1-4-2007. He submits that the petitioner's name finds place at S1. No. 1, whereas the respondent No. 3 is at No. 2. He submits that the petitioner is senior to respondent No. 3 herein. The learned counsel by placing reliance on the statutory recruitment rules namely, Madhya Pradesh Development Authority Services (Officers and Servants) Recruitment Rules, 1987 (hereinafter referred to as the R.Rs.) submits that the Schedule III of the said rules prescribes the eligibility conditions for promotion on the post of Sub-Engineer (Civil). Schedule III shows that eight years continuous service as Work Assistant Grade-I or Surveyor will make them eligible for promotion. Learned counsel submits that petitioner was eligible and his right of consideration for promotion is infringed.

(3.) Shri Rajendra Shrivastava, learned counsel for respondent No. 3 has adopted the arguments of Shri Dixit and in addition to that submits that respondent No. 3 along with certain other persons were compelled to file a writ petition before this Court which was registered as W.P.No. 351/96. In the said case the following orders were issued by this Court :-