M L GOLE Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner has filed this petition praying for quashing communication dated 6-6-2000 by which his representation against grant of time bound promotion been rejected as well as communication dated 11-8-2000 by which his representation against adverse remarks for the period ending 31-3-1999 has been rejected and has further prayed that he be granted the benefit of the time bound promotion scheme on the post of Assistant Engineer with effect from 7-10-1999 and place him just below one Shri Kamlesh Kumar Dubey in the seniority list.

(2.) THE case of the petitioner is that he was initially appointed as a Diploma trainee in the year 15-3-1978 and was thereafter regularized on the post of junior Engineer on 15-6-1979 in the establishment of the respondents. On 7-5-1999, the respondent/board issued and published a time bound promotion scheme which provided for grant of benefit to such Junior Engineers who had completed 15 years of service by giving them promotion on the post of Assistant engineer subject to their fulfilment of the criteria prescribed for promotion on the post of Assistant Engineer. It is further provided in the said scheme that this promotion would only entitle the person concerned to designation and benefits but his duties and function would remain that of Junior Engineer and that he would be granted promotion by absorption on the post of Assistant Engineer as and when vacancies in that cadre arise.

(3.) IT is submitted by the learned counsel for the petitioner that the petitioner completed 15 years of service in the year 1994, however, his case along with others for grant of benefit under the time bound promotion scheme was considered in the Departmental Promotion Committee which met in the year 1999. In the meanwhile, the petitioner had been served with an adverse entry for the period 1998-1999 and was graded 'd' in the said year and in view of the promotion criteria prevailing in the department, the petitioner was denied the benefit of the time bound promotion scheme as he was not found fit by the Committee on account of the fact that he had been awarded 'd' grade in the year 1998-99.