R S MEHTA Vs. STATE OF M P

JUDGEMENT

(1.) THE present petition is filed by the petitioner challenging the order dated 23/9/2000 (Annexure A-10) and order dated 29/5/2000 (Annexure A-12 ). By these two orders the respondents have promoted the respondents 3 and 4 as Superintending Geologist in the Directorate of Geology and Mining. The petitioner has contended that he is more meritorious than the respondents 3 and 4 and yet the claim of the petitioner has been ignored.

(2.) THE facts leading to the present petition are that the petitioner as well as the respondents 3 and 4 were working as Deputy Director (Tech.), which is the feeder post for getting promotion to the post of superintending Geologist. It is also not in dispute that the petitioner as well as respondents 3 and 4 were eligible to be considered for their promotion to the post of Superintending geologist.

(3.) THE matter with regard to promotion on the post of superintending Geologist is regulated by the rules framed by the state Government known as Madhya Pradesh Geology and Mining class-I and Class-II Service Recruitment Rules, 1965 (hereinafter referred to as "the Rules" ). The Rule 14 of the Rules provides for appointment by promotion and accordingly the promotion is to be regulated by applying the rule of "merit-cum-seniority". This is also not in dispute between the parties.