SHANTIMAL BHANDARI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY invoking jurisdiction of this Court under Article, 226 of the Constitution, the petitioner has prayed for setting aside the order dated 24.06.2009 with further direction to reinstate him with all consequential benefits.

(2.) FACTS , as canvassed by the petitioner are that he was appointed as clerk w.e.f. 07.05.1972, thereafter, he was promoted as Cashier in the year 1989. The petitioner was further promoted as Accountant in the year 1995. Thereafter in May, 2003, he was promoted as Branch Manager. In July, 2006, the petitioner was promoted as Assistant Manager. The promotion orders are filed cumulatively as Annexure P/2. The promotion order dated 08.07.2006 was cancelled, against which the petitioner filed WP No. 107/2008. This Court set aside the cancellation of promotion order by order dated 09.05.2008 (Annexure P/4). It is admitted between the parties that against said order of the Writ Court, writ appeal is pending before Division Bench.

(3.) THE respondents have not chosen to file any reply in this matter. On 03.12.2012 learned counsel for the respondents stated that he does not want to file any reply in the matter. However, record / photocopy in the shape of file is produced for the perusal of this Court. Shri Vishal Mishra, learned counsel for the employer heavily relied on 2007 (2) MPLJ 152 (Triloki Nath Pandey Vs. M.P. Co- operative Dairy Federation Ltd. and others). In the said case the petition was not entertained and petitioner was relegated to avail alternative remedy. On the strength of this order, it is contended that this petition be not entertained.