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Madhya Pradesh High Court

Rajendra Kumar Namdeo vs The State Of Madhya Pradesh on 16 January, 2023

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                   CHIEF JUSTICE
                                                         &
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                               ON THE 16 th OF JANUARY, 2023
                                                WRIT APPEAL No. 161 of 2007

                          BETWEEN:-
                          RAJENDRA KUMAR NAMDEO S/O S.P. NAMDEO
                          OCCUPATION: IN-CHARGE SANITARY INSPECTOR,
                          MUNICIPAL CORPORATION SATNA, DISTRICT SATNA
                          (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (BY SHRI L.N. NAMDEO - ADVOCATE - ABSENT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE SECRETARY TO GOVERNMENT, LOCAL SELF
                                GOVERNMENT       DEPARTMENT,    BHOPAL
                                (MADHYA PRADESH)

                          2.    THE            COMMISSIONER, MUNICIPAL
                                CORPORATION   SATNA, DISTRICT   SATNA
                                (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE FOR RESPONDENT
                          NO.1 AND SHRI MOHD. NASIR - ADVOCATE FOR RESPONDENT NO.2)

                                Th is appeal coming on for hearing this day, Hon'ble Shri Justice
                          Ravi Malimath, Chief Justice passed the following:
                                                               ORDER

The appellant's counsel is absent. He was also absent on the last date of hearing. The appeal is of the year 2007 and the writ petition was filed in the year 1998. Hence, we do not find it appropriate to adjourn the matter as two Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 1/18/2023 5:09:41 PM 2 opportunities were already granted.

2. Aggrieved by the order dated 17.11.2006 passed by the learned Single Judge in dismissing the Writ Petition No.695 of 1998 and order dated 08.12.2006 passed in M.C.C. No.2809 of 2006, the petitioner is in appeal.

3. The case of the petitioner is that he was holding the post of a Peon with the respondent No.2 Corporation. On 05.08.1987, he was directed to look after the work of Sanitary Inspector. He had also acquired the necessary diploma with regard to the same. In terms of the channel of promotion, a Peon is entitled to be promoted to the post of Moharir and thereafter next promotional post is that of a Sanitary Inspector. His claim of being appointed as Sanitary Inspector was not considered in view of the fact that he was never promoted to the post of Moharir. The material on record, admittedly, is to the effect that he was only working as a Peon, even though he was asked to perform the duties of a Sanitary Inspector. Merely, because he was asked to perform the duties of a Sanitary Inspector would not entitle him to any relief. The relief claimed would be considered based on the post that he holds. He was holding the post of a Peon for which he is entitled to be promoted to the post of Moharir. Therefore, his claim for being promoted to the post of Sanitary Inspector would not arise for consideration at all.

4. It was further noted that during the pendency of the petition, he was promoted to the post of Moharir.

5. Under these circumstances, the learned Single Judge is justified in passing the impugned order. We do not find any error that calls for any interference.

6. The writ appeal being devoid of merit is dismissed.

                                  (RAVI MALIMATH)       (VISHAL MISHRA)
                                    CHIEF JUSTICE            JUDGE
                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 1/18/2023
5:09:41 PM