NAMDEO GHANEKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, a Class-IV employees of the Forest Department, working on the post of Peon, has approached this Court by way of filing this writ petition under Article 226 of the Constitution of India, ventilating his grievance of nonconsideration for grant of promotion on the post of Assistant Grade-III in appropriate manner and denying the said promotion to him, whereas, the benefit is extended to the respondent No.4, who is said to be junior to the petitioner. It is contended by the petitioner that he was initially appointed on 18.3.1986 on the post of Peon in the establishment of Chief Conservator of Forest (Production), Bhopal. The petitioner has passed Higher Secondary School Examination in the year 1991. There were instructions issued by the State Government for considering the cases of Class-IV employees, for promotion on Class-III post, but despite sending of the relevant Annual Confidential Reports (hereinafter referred to as the ACR for brevity) of the petitioner, by an order dated 21.5.2004 juniors to the petitioner were promoted. Pointing out these facts, representations were made by the petitioner, but nothing was done, therefore, the writ petition was required to be filed. It is further contended by the petitioner that the respondent No.4 was appointed on 9.12.1997 on the post of Daftari and therefore, the respondent No.4 was much junior to the petitioner. Despite this fact, the respondent No.4 was promoted and the name of the petitioner was not considered in appropriate manner. Even the relaxation has been granted by the State Government in passing of the Hindi typing test, but such a claim of the petitioner was not considered. Only this much was said that the post is not available to consider the claim of petitioner and as soon as the post is made available, the petitioner would be considered for promotion. In view of the aforesaid contentions, the petitioner has claimed following reliefs :-

(2.) While filing the return, respondents No. 1 to 3 have contended that the claim of the petitioner was also considered for grant of promotion. In fact, such promotion was to be considered in terms of M.P. Class-IV Service Recruitment Rules, 1967 (hereinafter referred to as 1967 Rules for brevity). Promotion to the post of Assistant Grade-III feeder posts are Peon, Daftari/Jamadar and Supervisor. The seniority of all three feeder posts are maintained separately. The posts of Daftari/Jamadar are superior to the post of Peon. The name of respondent No.4 was above in the list of Daftari/Jamadar and she being superior to other, her name was kept at Serial No.1 in the zone of consideration for promotion from Class-IV to Assistant Grade-III. The name of the petitioner was also in the zone of consideration, keeping in view the vacancies available and the seniority of the petitioner. When the Departmental Promotion Committee (hereinafter referred to as the DPC for brevity) was held on 6.4.2004, considering the aforesaid seniority list, the fit list was prepared. There were eight posts of general category, one post of Scheduled Caste category and four posts of Scheduled Tribe category of Assistant Grade-III available. Since the senior persons to the petitioner in his category were found fit for grant of promotion, they were promoted. The name of the petitioner was put in the select list, but in the waiting list as, for him, the vacancy was not available to promote him on the post of Assistant Grade-III. The representation of the petitioner made in this respect was also considered and a decision was intimated to the petitioner. It is, thus, contended that claim made by the petitioner is misconceived and petition deserves to be dismissed.

(3.) By filing a rejoinder, the petitioner has controverted such a stand taken by the respondents and has contended that there was no question of application of the Rules as referred to by the respondents No. 1 to 3 in their return. On the other hand, the specific Service Rules made for governing the services in the Forest Department were required to be followed. It is contended that M.P. Class-III (Ministerial) Forest Services Recruitment Rules, 2000 (hereinafter referred to as the 2000 Rules for short) were already made by the respondents wherein specific provisions for consideration for promotion on the post of Assistant Grade-III are prescribed, therefore, only these Rules would be applicable. There was no preference given to the post of Daftari or Jamadar, qua, the post of Peon and, therefore, only seniority-cum-merit criteria was to be made applicable, seniors were to be considered and granted promotion first and then juniors were to be promoted. It is, thus, contended that illegally the right of proper consideration for promotion and consequential promotion is denied to the petitioner.