JAGDISH PRASAD YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra-court appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 takes exception to the order dated 20-10-2010 passed in W.P. No. 3986/2006(S) whereby learned Single Judge has dismissed the petition on the finding that the Cadre of Inspector (Handloom) is a separate cadre and it is not a part and parcel of Ministerial Cadre and that a Writ Petition No. 6687/2003 filed by the petitioner for consideration of his case to the post of Accountant has been allowed, and the petitioner cannot simultaneously claim the promotion to the post of Inspector (Handloom).

(2.) We observe from the relief sought in W.P. No. 3986/2006(S) that it is in the context of the limited departmental examination conducted by the Department for appointment of Inspector and Assistant Inspector under rule 12A of the Madhya Pradesh Handloom Directorate Non Gazetted (Non-Ministerial) Service Recruitment Rules, 1989 (for short 'the Rules, 1987'), wherein the petitioner, besides, being eligible was adjudged suitable in the examination and was appointed as Assistant Inspector instead Inspector (Handloom) for which he first preferred an Original Application before the Madhya Pradesh State Administrative Tribunal, vide O.A. No. 2698/2000 which was transferred to the High Court after closure of the Tribunal and was registered as W.P.No. 5708/2003. The said writ petition was disposed of on 14.11.2005 with liberty to the petitioner to file fresh petition. That Writ Petition No. 3986/2006(S) came to be filed for the relief for the post of Inspector (Handloom).

(3.) When the impugned order is tested on the anvil of these facts, it cannot be approved of and deserves to be and is hereby set aside.