DINESH KUMAR KHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition was originally filed before the State Administrative Tribunal at Jabalpur on 14-12-1989. 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 following reliefs :

(3.) PLAIN and simple case of the petitioner is that after completing requisite years of qualifying service under the Time Bound Promotion Scheme the petitioner was promoted on the next higher pay scale vide order Annexure R-2, dated 28-1-1987/31-1-87. In pursuance to the said Scheme the petitioner was benefited by the next higher pay scale which was being enjoyed by the Reader. Thereafter, vide order dated 29-11-89 regular promotion to the post of Reader was given to the petitioner and he was directed to be posted at Govt. Engineering College, Sagar. The contention of learned Counsel for the petitioner is that not only under Time Promotion Scheme, the petitioner was benefited by next higher pay scale of the promotional post of Reader, but in fact he was also promoted to the post of Reader and, therefore, if under the regular promotion order which is the outcome of the DPC, the promotion should be on the next higher post, i. e. , post of Professor. In support of his contention, learned Counsel for the petitioner has placed heavy reliance on the decision of the Supreme Court in the case of Dwijen Chandra Sarkar and Anr. v. Union of India and Ors. . , AIR1999 SC 598 , JT1998 (8 )SC 575 , (1999 )I LLJ338 SC , 1998 (6 )SCALE583 , (1999 )2 SCC119 , [1998 ]supp3 SCR576 , (1999 )2 UPLBEC929. On these premised submissions, it has been submitted by the learned Counsel for the petitioner that impugned order Annexure R-1, dated 29-11-89 by which petitioner has been directed to be promoted on the post of Reader and posted at Sagar be quashed.