KRISHNA KUMAR DWIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 31.12.2015 passed by respondent No. 3 thereby cancelling the promotion of the petitioner from the post of Adhyapak to the post of Varishtha Adhyapak (Hindi).

(2.) Learned counsel for the petitioner submits that the petitioner was initially appointed as Samvida Shala Shikshak Grade-II. The petitioner, thereafter, was promoted to the post of Adhyapak vide order dated 01.04.2007. The service conditions of the petitioner are governed by the Madhya Pradesh Panchayat Adhyapak Samvarg (Employment and Conditions of Service) Rules, 2008. As per the said Rules, the petitioner is eligible for the promotion on the post of Varishtha Adhyapak (Hindi). For promotion on the said post a counselling was held and the name of the petitioner was at Sr. No. 3 in the seniority list. The petitioner was promoted to the post of Varishtha Adhyapak (Hindi). Respondent No. 5 whose name is placed at Sr. No. 8 and the name of one Balmik Singh is placed at Sr. No. 11.

(3.) The respondent No. 5 has preferred an application challenging her non promotion on the post of Varishtha Adhyapak (Zoology) is arbitrary. In her complaint she further submitted that ignoring her seniority one Shri Balmik Singh was promoted on the post of Varishtha Adhyapak (Zoology). It is pertinent to note that the petitioner was not arrayed as respondent in the matter nor the petitioner was ever aware about the pendency of the appeal preferred by the respondent No. 5. The petitioner was, thereafter, informed by the respondents about passing of the order dated 31.12.2015 whereby the promotion of the petitioner to the post of Varishtha Adhyapak was cancelled. Being aggrieved by that order the petitioner has filed the present petition.