SANJAY VERMA Vs. STATE OF M P

JUDGEMENT

(1.) This intra Court appeal is filed tinder Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 6.9.2006 passed in W.P. No. 5527/03, whereby the writ petition of the appellant was dismissed on the ground that the appellant had obtained B.E. Degree in the year 1991 and he had not completed 8 years of service after passing the B.E. Degree and therefore he has rightly not been considered by the review DPC held on 21.12.1992 for promotion to the post of Assistant Engineer because he did not have completed the prescribed minimum years of service as on 1st January 1992 and order dated 24.12.98 passed by the respondent no.2 vide Annexure A/12 is just and proper.

(2.) Brief facts of the case are that the appellant-petitioner was appointed as Sub-Engineer w.e.f. 19.10.84. He had completed his Part Time B.E. Degree Course at Madhav Institute of Science & Technology, Gwalior in the year 1991. The service of the appellant is governed by the provisions of M.P. Irrigation Engineering Services (Gazetted) Recruitment Rules, 1968 issued by the Governor in exercise of the power conferred under Proviso to Article 309 of the Constitution of India. Rule 15 deals with the condition of eligibility for promotion, which reads as under :-

(3.) In pursuance to the order of the Tribunal, a review DPC was held in the month of November 1998 and he was not found fit to be promoted on the post of Assistant Engineer as on 1.1.92. This was communicated to the appellant by the respondent no.2 vide communication dated 24.12.98 (Annexure A/12).