LAWS(MPH)-2008-3-82

JAGDISH KUMAR SRIVASTVA Vs. STATE OF MP

Decided On March 04, 2008
JAGDISH KUMAR SHRIVASTAVA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) PETITIONER being aggrieved by his supersession to the post of treasury Officer and Accounts Officer (M. P. Accounts Services) has initially preferred original application before the State Administrative Tribunal Bench at gwalior. The Original Application has been received on transfer after abolition of the State Administrative Tribunal to this Court.

(2.) THE contention of the petitioner is that he was initially appointed as lower Division Clerk w. e. f. 13-4-1966 and was later on promoted by virtue of his excellent service record to the post of Assistant Internal Audit Officer, M. P. Sub-ordinate Accounts Services (M. P. S. A. S.) w. e. f. 22-12-1979. Petitioner has enclosed the gradation list showing the position as on 1-4-1993 published in the year 1994 by the M. P. Subordinate Accounts Services wherein the name of his position at Serial No. 11.

(3.) THE grievance of the petitioner is that a Departmental Promotion committee meeting took place in the year 1988 and persons juniors to the petitioner have been promoted to M. P. Accounts Services which includes posts like Treasury Officer and Accounts Officer etc. It has been further stated by the petitioner that against his supersession, a representation was also made by him, no proper reply was given by the respondents and therefore, petitioner left no choice ventilated his grievance by preferring original application. The respondents have filed detailed return and it has been stated by the respondents that the DPC was held in the year 1998 and the case of the petitioner was considered along with other eligible persons, the DPC did not find the petitioner fit for promotion and he was not included in the select list. The reasons assigned in the reply are that petitioner did not secure the marks upto range for his inclusion in the select list and the juniors have obtained such marks, hence they were recommended for promotion after their inclusion in the select list by the DPC.