BRIJ MOHAN DWIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE centripetal grievance of the petitioner is whether he would be entitled to the differential sum in the promotional post, though he had worked in the post, namely, Accounts Officer in the pay scale of Rs. 8000 -275 -13500/ -. This being the short and straight away question the facts which are requisites to be stated may be encapsulated herein.

(2.) IT is not disputed that as the petitioner was senior to one Kuldeep Singh Chouhan as per gradation list dated 1.4.97 contained in Annexure -P -1. The said gradation list relates to the Junior Grade Officers of the M.P. Accounts Service as on 1.4.97. It is not disputed at the Bar that the case of said Kuldeep Singh Chouhan was considered but the case of the petitioner was not considered because of non -availability of the ACR. In paragraph 3 of the return it has been stated as under : -

(3.) IT is urged by Mr. Pathak, learned counsel for the petitioner that for no fault of the petitioner his case was deferred by the Departmental Promotion Committee met as a consequence of which he was promoted later on 22.3.2001. Though the petitioner has been given the benefit of seniority, he has been denied the benefit of differential pay scale.