PUSHPA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition was originally filed before the State Administrative Tribunal at Jabalpur on 27-7-1990. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication.

(2.) THE original petitioner is Balkrishna Ramshankar Joshi. After his retirement from the post of Deputy Collector, he filed original application before the Tribunal seeking following reliefs :

(3.) THE petitioner filed this petition seeking relief to promote him a date before his juniors were promoted. The contention of Shri Trivedi, learned Counsel for the petitioner is that the petitioner ought to have been promoted in the year 1978 on the post of Deputy Collector. However, his candidature was considered in the DPC which met in the year 1982, but on account of pendency of some departmental enquiry against him, his result was kept in a sealed cover and ultimately on 19-12-1986 he was promoted on the post of Deputy Collector. The contention of learned Counsel for the petitioner is that the petitioner never faced any departmental enquiry and in that regard the petitioner has filed an affidavit. Thus, the contention of learned Counsel is that the persons who were junior to him and whose names are referred in Annexure H dated 24th April, 1986 have been promoted to the post of Deputy Collector and, therefore, the petitioner is also entitled for promotion a day earlier to 24-4-1986 or at least from this date.