AVNESH KUMAR BUDHOLIYA Vs. PRINCIPAL SECRETARY HOME DEPARTMENT

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) By way of the present writ petition filed under Article 226 of Constitution of India, the petitioner is challenging the Gradation-List dtd. 8/9/2017 (Annexure-P/1) showing seniority the Sub Inspector (Finger Print) of dtd. 30/11/2009, by which the Gradation-List has been prepared contrary to the provision of Madhya Pradesh Police Executive (Non-Gazette) Recruitment Rules, 1997 (which shall be referred hereinafter as "Rules, 1997") and against the Rule 12 of the M.P. Civil Services (General Condition of Service) Rules, 1961 (for brevity "Rules, 1961")

(3.) Brief facts of the case are that the the petitioner was initially appointed as Sub Inspector in Finger Print Branch of M.P. Police by order dtd. 30/4/1998. The petitioner was selected on the basis of meritlist prepared after the completion of the examination and the petitioner was placed on top of the merit-list. The Gradation-List of Sub Inspector (Finger Print) was published in the year 2000 showing the seniority of the Sub Inspector wherein the name of the petitioner was placed at Sr. No.18 in the list. The said Gradation-List was prepared on the basis of the merits as per the Rule 12 of the Rules, 1961. The service of the petitioner was governed with the Rules known as Rules, 1997. According to the rule 12(2) of the Rules, 1961, the candidate will be appointed and the list prepared by the Selection Committee will be followed.