RAKHABCHAND MOGRA Vs. STATE OF MP & OTHERS

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner seeking direction to the respondents to include the petitioner in the cadre of the M.P. Accounts Services and give him benefit with effect from the year 2001 when some of the junior of the petitioner was given the benefit.

(2.) The case of the petitioner is that he was working as Accountant in the office of respondent No.3 and had appeared and passed the departmental examination namely M.P. Subordinate Accounts Services Examination. The result of the examination was declared on 28/8/1995 and the name of the petitioner was included in the list of the successful candidate. Thereafter the merit list was published on 22/4/2000 and the name of the petitioner was included at Serial Number 90 in the said merit list and thereafter the respondents had published the seniority list of the Subordinate Accounts Services Officers in which the name of the petitioner was not included and the petitioner was not given the appointment in pursuance to the selection in the M.P. Subordinate Accounts Services Examination. The further case of the petitioner is that though the posts were vacant at that time, but the appointment was not given.

(3.) The respondents have filed their reply, but they have not disputed that the petitioner was selected in the departmental examination and was placed at serial number 90 in the merit list. Their stand is that the appointment was to be given as per the roster and subject to the availability of posts.