Madhya Pradesh High Court
N.D. Niwariya vs The State Of Madhya Pradesh on 10 April, 2017
WP-172-2017
(N.D. NIWARIYA Vs THE STATE OF MADHYA PRADESH)
10-04-2017
Shri Vivek Khedkar, Advocate for the petitioners.
Shri N.S.Kirar, Panel Lawyer for the respondents No.1 &2/State.
Shri Vivek Jain, Advocate for the respondents No.3. Petitioners serving as Sections Officers have approached this Court with two-fold submission; firstly, the respondent/company has illegally resorted to fill up the posts of promotional quota alongwith the direct recruitment quota through open market thereby exceeding the percentage for direct recruits and secondly; even though rules have been framed for constitution of DPC and periodicity has been fixed as one year vide Annexure P/10, DPC is not being convened for promotion from amongst the Section Officers to the post of Accounts Officer since the year 2013. Hence, direction has been sought for restraining the respondent/company not to exceed the direct recruitment quota to fill up the post of Accounts Officer through open market with further direction to convene DPC for filling up the vacancies under promotion quota.
On notice, respondents have entered appearance. It has been placed on record that the vacancies by direct recruitment only are being filled up through open market/advertisement and no vacancy of the promotional quota has been added thereto. As regards second submission, it is submitted that since part of the Madhya Pradesh Public Services (Promotion) Rules,2002 dealing with reservation of promotional post has been set aside by this Court in bunch of writ petitions leading case W.P.No.1942/2011 decided on 30/04/2016 and the same is pending before the Hon'ble Supreme Court in vide S.L.P.(C) No.13954/2016 parties State of M.P., Vs. R.B.Rai is pending consideration, therefore, it has become difficult for the respondent/company to convene DPC, unless, the special leave petition is disposed of by the Hon'ble Supreme Court.
In view of the aforesaid factual submissions in the counter- affidavit and submissions advanced, no promotion quota vacancies are being filled up by direct recruitment, no further direction in that behalf is warranted.
Sofar as convening of DPC for filling up the promotional quota posts is concerned, there is no denial of the fact that SLP(C) No.13954/16 (supra) preferred by the State is pending consideration. Shri Khedkar submits that the respondent/company has sofar convened many DPCs and promoted the persons found fit subject to out come of the pending special leave petition. Therefore, there is no reason not to fill up the post of Accounts Officer by convening DPC by adopting the same yardstick. To this, Shri Jain submits true it is that DPC was convened prior to 25/04/2016 but thereafter, no DPC has been convened. It is submitted that the respondent/company is awaiting for the outcome of pending SLP (C) No.13954/2016 (supra) as the respondent/company is unable to provide reservation of posts to different categories as provided for under the promotion rules. He has further submitted that as a matter of fact, hearing of the aforesaid SLP(C) before the Hon'ble Supreme Court is going on but the same is yet to be concluded.
In view of the above, no positive direction can be issued to the respondent/company to convene a DPC for filling up the promotional quota of Accounts Officer. The respondent/company shall ensure that the claim of the promotees on the post of Accounts Officer is not seriously jeopardized in any camouflaged manner.
With the aforesaid direction and observation, writ petition stands disposed of.
It is made clear that this Court has not expressed any opinion on merits of the case.
(ROHIT ARYA) JUDGE b/-