UMASHARAN SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This petition filed under Article 226 of Constitution of India is directed against the order dated 21.09.2013, whereby petitioner's juniors were promoted on the post of Assistant Commandant from the post of Company Commander. The petitioner has also called in question, the order dated 28.12.2013 Annexure P-1, whereby his representation seeking promotion on the said post is rejected on the ground that he could not achieve the necessary bench mark.

(2.) The relevant facts are within a narrow compass. The petitioner contends that he was eligible to be considered from the post of Company Commander to Assistant Commandant, but his consideration was erroneous.

(3.) Shri Prashant Sharma raised singular contention. He submits that criteria for promotion is "Seniority cum fitness". The petitioner is admittedly senior to various persons who have been promoted by order Annexure P-2. The petitioner was not promoted on the singular ground that he could not achieve the bench mark. By taking this Court to the comparative chart Annexure R-2, it is contended that petitioner's adverse CR for the year 2012 was expunged. After expunging the said CR, no marks were given to the petitioner. If grading "x" is expunged, the respondents are bound to give some better grading than the grading which stood expunged. In that event, petitioner will achieve the desired bench mark. It is contended that respondents have erred in not providing any other grading on deletion of grading "x" .