HRISHNA PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE only claim which the petitioners have submitted that in the gradation list which was published on 1.4.1998, the petitioners name have not been included in the gradation list. It is also a grievance that in the said gradation list the name of respondent No.3 to 6 have been shown. The petitioners and the said respondents were holding the post of Supervisors (Health Assistants). It is the case of the petitioners that since their names were not shown in the gradation list as on 1.4.1998 which was published in the year 1998 therefore they were deprived of from consideration for their promotions to the next promotional post of Block Health Educator. Same is also resulted into the promotion of the private respondents 3 to 6 who are juniors to the petitioners.

(2.) THE return has been filed by the respondent No.1 and 2 and in para 1 of the return it is stated that since the names of the petitioners do not appear in the gradation list published in the year 1998, therefore, the case of the petitioners for their promotions by the DPC was not considered. It may be seen that once the petitioners have already been holding the post of Supervisor (Health Asst.) prior to respondents 3 to 6, therefore, their names should have been included in the gradation list which was published on 1.4.1998 which was a fault on the part of respondent No.1 and 2 and for any fault of respondent No.1 and 2, the petitioners right for consideration of their cases for promotion to the next promotional post cannot be jeoparadise.