KRISHNA KUMAR TIWARI Vs. STATE OF M. P.

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India calling in question orders dtd. 23/2/2013 and 10/1/2012.

(2.) Learned counsel appearing for the petitioner submitted that petitioner was appointed on post of Accountant in Town Improvement Trust, Chhatarpur vide order dtd. 8/3/1989. Town Improvement Trust merged with Municipal Council, Chhatarpur in 1994 and petitioner continued his service with Municipal Council, Chhatarpur. Petitioner was transferred to Ajaygarh, District-Panna on 9/11/2009 and discharging his work of Chief Municipal Officer, Ajaygarh. It is submitted that petitioner was placed above respondents No.3 and 4 in the seniority list published on 10/1/2012. Respondents No.3 and 4 were promoted vide order dtd. 23/2/2013 on post of CMO but petitioner who was senior to said respondents was not promoted. Petitioner preferred a representation before authority but same was not considered and decided. Petitioner was senior to private respondents in year 1997 to 2007 however, all of sudden in year 2010-2011, respondent No.3 was shown senior to petitioner. Gradation list was not communicated, therefore, same was not challenged by petitioner.

(3.) Learned counsel appearing for respondents submitted that gradation list of 1997, 2000, 2005 was not final gradation list but was only provisional. Final gradation list was published in year 2011. In said list, private respondent was senior to petitioner. It is further submitted that as per circular of State Government dtd. 31/5/2008, for the purpose of seniority surplus employee was not entitled to get benefit of past services. Such employees will be treated to be new entrance in service as per Rule 12 (3)(c) of the Madhya Pradesh Civil Services (General Conditions of Services) Rules, 1961. As per circular and order of Urban Administration and Development Department dtd. 19/5/2009, employees of dissolved institute will be absorbed in Municipal Council and their seniority and fixation of pay shall be done in accordance with Rule 12 of Rule, 1961. Proceedings of DPC were not defective and has considered each and every aspects. In view of same, there is no merits in the writ petition filed by the petitioner and same deserves to be dismissed.