SATISH NIGAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India challenges the order dated 16.12.2010 and proceedings Annexure P-2. A direction was prayed for issuance of appointment order in favour of the petitioner as per the recommendation dated 26.11.2010.

(2.) THE petitioner was posted as Additional Programme Officer under the national Rural Employment Guarantee Scheme in Janpad Panchayat, Radhogarh, District Guna on contract basis. Before that the petitioner worked as a Map Designer in Zila Shiksha Kendra Shivpuri on contract basis. It is contended that petitioner's services were unblemished. The respondents with a view to fill up the vacant post of Assistant Engineer in Zila Shiksha Kendra Shivpuri, issued an advertisement on 19.10.2010 and invited applications from open market. The petitioner submitted his candidature for the said post.

(3.) IT is contended that the petitioner was entitled to be appointed pursuant to his merit position. It is further contended that respondent No.5 was also a member of aforesaid Committee. The respondent No.5 ought to have accepted joining of the petitioner on the date of selection of the petitioner when the post was lying vacant. The respondent No.5 with malafide intention delayed the joining of the petitioner. The action of the respondents is assailed on the ground that the same is founded upon the action of respondent No.5, who had ill will with the petitioner.