JAGATU CHARMAKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGING the order Annexure -P4 dated 19.9.2005 cancelling the appointment of the petitioner on the post of Attendant ordered on 1.8.2005 vide Annexure -P1, petitioner has filed this writ petition.

(2.) IT is the case of the petitioner that he was initially inducted into the department as a Part Time Sweeper, he continued to work on the said post and, thereafter, in the year 2005, a Scrutiny Committee was constituted for considering the cases of Part Time Employees for regularization. Based on the recommendations made by the Scrutiny Committee vide order Annexure -P1 dated 8.7.2005, petitioner's services were regularized and he was appointed on a Class -IV Post of Attendant in the establishment of Veterinary Hospital Podi. It is said that when the petitioner was so appointed and he was working as an Attendant, when salary on the post of Attendant was not granted, he filed a Writ Petition No.5624/2010 before this Court. Notices were issued and the matter was pending. When all of a sudden, respondents came out with a case that the petitioner's promotion on the post of Attendant was illegal and, therefore, they passed the impugned order Annexure -P4 dated 19.9.2005 cancelling the promotion of the petitioner and challenging this order, this writ petition i.e. W.P.No.12102/2010 has been filed.

(3.) RESPONDENTS have filed the reply and it is indicated by the respondents that the petitioner is a Part Time Sweeper. Inadvertently, without taking all these factors, petitioner was granted promotion on the post of Attendant. It is stated that with regard to certain irregularity in the department, a question was raised in the Legislative Assembly and on answering such question, petitioner who was a Part Time Sweeper, was found not entitled for promotion and as an illegal order has been passed for promotion of the petitioner, the same has been cancelled and it it stated that the impugned action is taken.