HUKUMCHAND Vs. STATE OF M P

JUDGEMENT

(1.) CIVIL Servant - claim of promotion as Assistant Engineer after obtaining B.E. degree - name if not considered in two previous D.P.C. meeting directed to be considered - if entitled to promotion shall not be entitled to back wages -- work of pay fixation shall be carried out from date of proforma promotion. Petitioner invoked the jurisdiction of the M.P. State Administrative Tribunal to assail the validity of the order dated 22.9.1998 (Annexure A-20) whereby respondents have refused to give proforma promotion to the petitioner on the post of Assistant Engineer.

(2.) RELEVANT facts are as under. Petitioner entered the government service as Sub Engineer in the Irrigation Department in the year 1966. Petitioner through a part time degree course, obtained B.E. degree in Civil Engineering in July, 1977. In the gradation list showing the position as on 1.1.1969, the name of the petitioner appears at serial No. 1034. After graduation, the petitioner applied on 24.8.1977 to include his name in the list of graduate Sub Engineers which was maintained separately. The grievance of the petitioner was that one of his juniors viz., Shri R.D. Joshi was promoted on 9.1.1979 as Assistant Engineer. Hence, he made representation which was rejected, therefore, the present O.A. before the Tribunal. After abolition of the Tribunal, the case has been transferred to this Court under the provisions of the Madhya Pradesh Rajya Prashasanik Adhikaran (Lambit Evem Nirakrat Avedano Ka Antaran) Adhyadesh, 2003.