Madhya Pradesh High Court
The State Of Madhya Pradesh vs Adarsh Kumar Jamgade on 17 November, 2022
Author: Vivek Rusia
Bench: Vivek Rusia, Amar Nath Kesharwani
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 17th OF NOVEMBER, 2022
WRIT APPEAL No. 1615 of 2018
BETWEEN:-
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY THROUGH THE PRINCIPAL
SECRETARY REVENUE DEPARTMENT
MANTRALAYA BHOPAL (MADHYA PRADESH)
2. C O M M I S S I O N E R LAND RECORD AND
SETTLEMENT OF M.P. MOTIMAHAL, GWALIOR
(MADHYA PRADESH)
.....APPELLANT
( SHRI RANJEET SEN, LEARNED G.A FOR THE
APPELLANT/STATE)
AND
1. ADARSH KUMAR JAMGADE S/O MADANRAOJI,
AGED ABOUT 50 YEARS, OCCUPATION:
PATWARI PRESENTLY POSTED AS TEHSIL
BARNAGAR DISTT UJJAIN TEHSIL KHACHROD
DISTT UJJAIN (MADHYA PRADESH)
2. MANISH YADAV OCCUPATION: REVENUE
INSPECTOR TEHSIL UJJAIN (MADHYA
PRADESH)
.....RESPONDENTS
This appeal coming on for orders this day, JUSTICE VIVEK RUSIA
passed the following:
ORDER
Heard on I.A.No.5430/2018, an application for condonation of delay.
Signature Not VerifiedDigitally signed by SAN HARI KUMAR C G
NAIR
Date: 2022.11.18
17:19:45 IST The writ appeal is barred by 57 days.
For the reasons mentioned in the application which is supported by 2 affidavit, the application is allowed and the delay in filing the writ appeal is hereby condoned.
Heard finally.
The State of M.P and Commissioner, Land Records and Settlement have filed this writ appeal against the judgment dated 19.06.2018 whereby the writ Court has allowed the writ petition No.1617/2017.
Facts of the case in short are as under:
The respondent No.1 (hereinafter referred to as 'the writ petitioner') has filed the writ petition challenging his supercession by respondent No.2 who is junior to him in the cadre of Patwari. The petitioner was appointed as Patwari on 17.10.1994 and he passed the training of Revenue Inspector in the year 2011 which is mandatory for promotion to the post of Revenue Inspector. The appellants have promoted respondent No.3 to the post of Revenue Inspector as he cleared the examination in the year 2010. The writ Court has considered the provisions of the service rules governing the service of the writ petitioner i.e. Land Records and Settlement Class-III (Executive and Technical) Service Recruitment Rules, 2012 (for short 'the Rules of 2012') and held that the only requirement for promotion is 5 years service along with passing of examination. The petitioner has completed 5 years service as Patwari in the year 2012 and prior to that he had passed the examination, therefore, he became entitled for promotion along with respondent No.3.
The respondents came up with the reply that the petitioner was placed under suspension on 04.02.2013. Thereafter criminal case was also registered Signature Not VerifiedDigitally signed by SAN HARI KUMAR C G against him, therefore, after 04.02.2013 no other junior or senior to the petitioner NAIR Date: 2022.11.18 17:19:45 IST was promoted to the post of Revenue Inspector.3
The writ Court has rightly held that the petitioner became entitled for promotion when respondent No.3 was promoted which is not in dispute. At that time that neither any punishment was pending nor any criminal case was pending against him, therefore, the writ Court has rightly directed to conduct a fresh DPC and pass an appropriate order.
Shri Sen, leanred Govt. Advocate submits that even a review DPC has been conducted and the case of the petitioner has been kept in circulation because of the registration of criminal case against him. So far the punishment to the show cause notice is concerned, the petitioner has filed a writ petition no.19140/2017 which has been allowed by setting aside the punishment order. Even otherwise, at the time of consideration, any enquiry or punishment was pending, therefore, the writ Court has not committed any error in allowing the writ petition.
We do not find any ground to interfere in the impugned order. Accordingly, the writ appeal stands dismissed.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
hk/
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN HARI KUMAR C G
NAIR
Date: 2022.11.18
17:19:45 IST