Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 175 (MP)

Bhagwan Das Pal v. State of M. P.

2011-02-08

A.K.SHRIVASTAVA

body2011
ORDER 1. By this petition under Article 226 of the Constitution of India, the petitioner is seeking following reliefs: Promotion be given to the petitioner on the post of LDC. 2. The contention of the learned counsel for the petitioner is that despite the petitioner is having the requisite eligibility and qualification to be promoted from the post of Class IV to the post of Class- III, the respondents are not promoting him. Hence, he has prayed that this petition be allowed and the respondents be directed to convene a DPC to consider the case of the petitioner for promotion on the post of Assistant Grade-III. 3. On the other hand, learned Panel Lawyer submits that the case of the petitioner was taken into account by the DPC, but he is not having the requisite eligibility and qualification to be promoted on the post of LDC, since he has not passed the Higher Secondary Examination. In this context, learned counsel for State has invited my attention to the Circular of the State Government, wherein the eligibility of the Higher Secondary is necessary for promoting the employees from Class-IV to the post of Class-ill. Hence, it has been prayed that this petition be dismissed. 4. Having heard learned counsel for the parties, I am of the view that this petition deserves to be dismissed. 5. The contention of the learned counsel for the petitioner is that the case of the petitioner was not considered by the DPC is contrary to Annexure R/5, which is the proceeding of the DPC dated 14.5.2008. in which the case of the petitioner was taken into consideration and it was held that since he is not having the essential qualification and eligibility to be promoted on the post of Assistant Grade-III, he is not found fit for promotion as he has not passed the Higher Secondary Examination. 6. On bare perusal of the Circular Annexure R/1 dated 5th April, 1985 this Court finds that the essential qualification for promotion from the post of Class-IV to Assistant Grade ill is that a candidate should have passed Higher Secondary Examination. Since the petitioner has not passed the Higher Secondary Examination, according to me he has rightly not been promoted to the post of Assistant Grade- III on account of lack of qualification. 7. Since the petitioner has not passed the Higher Secondary Examination, according to me he has rightly not been promoted to the post of Assistant Grade- III on account of lack of qualification. 7. The learned counsel for the petitioner further submitted that the OPC which was convened in the year 1997, the case of petitioner was taken into, account, but promotion was not accorded to him because the posts of Assistant Grade-III were not available and the employees were already in surplus on the aforesaid post, but not on account of lack of qualification. Be that as it may, since the petitioner is not having the essential qualification and eligibility, I am of the view, the petitioner is not entitled for promotion on the post of Assistant Grade-III. 8. Accordingly, this petition fails and is hereby dismissed.