S.C. GUPTA Vs. STATE OF M.P

JUDGEMENT

(1.) THIS petition was originally filed before the M.R State Administrative Tribunal at Jabalpur on 20.9.1990. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.

(2.) BY this petition the petitioner is seeking relief of correction of the gradation list Annexure A-4 dated 5.11.1977 incorrectly placing the petitioner below respondent No. 3 with all consequential benefits.

(3.) IT has been vehemently argued by Shri Nema learned counsel for the petitioner that respondent No. 3 was promoted on the post of Regional Librarian in the year 1968 and. therefore, the action of respondent No. 1 was challenged by one Mushtaq Ahmad Qureshi by filing Civil Suit No. 260-A/82 before the Second Additional Civil Judge, Class II, Bhopal. The suit was dismissed on 21.11.1983. The plaintiff Mushtaq Ahmad Qureshi assailed the judgment of dismissal of his suit by preferring a regular appeal before the First Additional District Judge, Bhopal in Civil Appeal No. 133-A/83 which was allowed on 21.8.1984 and the suit of Mushtaq Ahmed Qureshi was decreed and it was held that R.P. Tiwari. who is respondent No. 3 in this petition and who was also arayed as defendant No. 2 in the civil suit, his promotion order dated 12.11.1968 was declared to be void and in-executable. The learned First Additional District Judge further directed that plaintiff Mushtaq Ahmad Qureshi is entitled for promotion to the post of Regional Librarian in the pay scale of Rs. 275-475. The judgment and decree passed by the first appellate Court was assailed by R.P. Tiwari. respondent No. 3 in this petition, by filing second appeal before this Court which was registered as S.A. No. 502/84. This Court vide its order dated 11.4.1991 dismissed the appeal of respondent No. 3 and affirmed the judgment and decree passed by the first appellate Court.