Bhagwati Prasad Sharma v. Hon'ble High Court of M. P.
2014-04-16
A.M.KHANWILKAR, K.K.TRIVEDI
body2014
DigiLaw.ai
Judgment: Heard, counsel for the parties. 2. Even this petition will have to be dismissed for the reasons already recorded in W.P. No.7256/2013 and companion cases decided today. 3. In this petition, however, the petitioner is relying on memorandum dated 21/4/2011 purportedly issued on the letter head of High Court, in particular, paragraph 2 thereof. He submits that as per the said memorandum if any vacant stenographer post is available, the same can be filled up by Assistant Grade III if the candidate is otherwise eligible to be appointed on that post. 4. This submission will have to be rejected considering the fact that the matter has been recently examined by the High Court from all angles. It has been noticed that upgradation of candidate appointed as Assistant Grade III to Clerk-Cum-Stenographer is not permissible as per rules and as a result of which, reversion of such candidates to their original post has been ordered. That decision manifested in circular dated 9/11 August 2011 will prevail. As a result, the apprehension of the petitioner that the private respondents would be given benefit of the abovesaid circular is misplaced. Besides this, nothing more is required to be said. 5. Petition is dismissed accordingly.