NANURAM Vs. STATE OF M P

JUDGEMENT

(1.) Shri V.K. Patwari, learned counsel for the petitioner. Smt. Vinita Phaye, learned G.A. for the respondents/State. The petitioner before this Court has filed this present petition being aggrieved by the order dated 23-5-2006 by which the respondent No. 3, who is junior to the petitioner has been promoted to the post of Professor.

(2.) The contention of the petitioner is that he was appointed as an Assistant Professor on 3-1-1973 and higher pay scale was granted to him on 3-1-1989. A gradation list was published reflecting the name of the petitioner as on 1-4-2005 at Sr. No. 6, whereas the respondent No. 3 placed at Sr. No. 12. The grievance of the petitioner is that a promotion order was issued on 23-5-2006 promoting the respondent No. 3 in spite of the fact that he is junior to the petitioner and the petitioner's case was not considered for grant of promotion.

(3.) A reply has been filed in the matter and the respondents/State has categorically stated in the return that a Departmental Promotion Committee took place on 5-12-2005, 15-12-2005 and 29-12-2008, however as the ACRs of the petitioner for the year 2002 and 2003 were not available, the petitioner's case was not considered by the DPC and it was resolved that the petitioner's case shall be considered by way of circulation. Till date the petitioner's case has not been considered for promotion to the next higher post.