AWADH BEHARI SHRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition was originally filed before the State Administrative Tribunal at Jabalpur on 5.1.1990. 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 consideration of his case for his promotion to the post of SLR from the date when his juniors have been promoted with all consequential benefits.

(3.) ON 31.12.1977 he again made representation (Annexure A) for his promotion on the post of Superintendent of Land Records and the seniority on the said post. The petitioner also submitted abstract of gradation list along with his representation. The respondent No.2 intimated the petitioner that his representation has been registered for consideration on 24.1.1978 at serial No.13 (3) but no decision thereupon was communicated to him. In the petition it has been pleaded that the petitioner through his counsel further brought into the notice of the Government in regard to his promotion on the post of SLR and in response to it the Additional Secretary, Government of M.P., Land Records Department, vide memo dated 5.11.1979 intimated that the matter of the promotion of the petitioner has been sent for approval to the PSC and as soon as the approval is received, the order would be issued accordingly. A copy of said letter dated 5.11.1979 has been placed on record as Annexure B. The petitioner thereafter again submitted representation which .was forwarded by respondent No.3 for consideration to respondent No.2 and in response to the same respondent No. 2 intimated .respondent No. 3 that the representation in respect of promotion of petitioner was sent to the respondent No.1 for consideration vide memo No. 168/A/iii/LR/78 dated 3.2.1978, but no action has been' taken so far. A copy of memo dated 19.4.1979 of respondent No.2 addressed to respondent No.3 has been placed on record as Annexure C. The petitioner, vide order dated 28.11.1978 of the Commissioner, Sagar Division, Sagar, was directed to be posted on the post of Naib Tahsildar' and he accordingly joined the said post. ACRs of the year 1978 -79 and 1979 -80 while petitioner was serving on the post of Naib Tahsildar were forwarded by the Collector, Chhattarpur, to the Commissioner and the , Commissioner thereafter forwarded these entries to the Government. The DPC was convened in the year 1980 for consideration of suitable candidates for their promotion to the post of SLR, but ACR of 1979 -80 of petitioner was shown to be missing and was not produced before the DPC and, therefore, he was denied the promotion. The contention of learned counsel for petitioner is that this fact is established vide. Memo No. 16/80 dated 21.1.1985, a copy of which has been placed on record as Annexure D.