M.S. ASWAL Vs. STATE OF MP

JUDGEMENT

(1.) THIS petition was originally filed before the M.P. State Administrative Tribunal at Jabalpur long back on 10.12.1990. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.

(2.) BY challenging the impugned order Annexure A-4 dated 5.10.1990 by which the respondent No. 2 was promoted to the post of Assistant Commissioner (Excise), learned counsel for the petitioner has submitted that if averments made in paras 2, 3 and 7 of the return where the averments of petitioners made in para 6.6 of the memorandum of petition have been replied are read in proper perspective, it can safely be said that petitioner fulfills the promotion criteria as laid down by the DPC for promotion to the post of Assistant Commissioner (Excise).

(3.) THUS , I am of the view that the candidature of the petitioner for promoting him on the post of Assistant Commissioner (Excise) has wrongly been denied to him. The respondent No. 1 is hereby directed to convene a review DPC to consider the case of petitioner for his promotion on the post of Assistant Comissioner (Excise) on the basis of this decision, w.e.f. 5.10.1990 when respondent No. 2 was promoted. It has been informed that during the pendency of the petition the petitioner has retired. The respondent No. 1 is hereby directed that after convening review DPC if the petitioner is found fit for promotion, notional promotion order may be passed with all consequential benefits including re-fixation of pension as well as retiral dues. Let this exercise be done on or before 31.5.2006.