Madhya Pradesh High Court
K.D. Sharma vs The State Of Madhya Pradesh on 9 February, 2018
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THE HIGH COURT OF MADHYA PRADESH
WP No.3363/2018
(K.D. Sharma vs. State of M.P. & Ors.)
Gwalior, Dated : 09.02.2018
Shri M.P.S. Raghuvanshi, learned counsel for the
petitioner.
Shri Yogesh Chaturvedi, learned Government
Advocate for the respondent/State.
Petitioner submits that the benefit of Kramonnati granted to him with effect from 18.3.2017 has been withdrawn vide order dated 15.1.2018 on the ground that petitioner had refused to join on the promotional post of Assistant Grade-I. Petitioner has drawn attention of this Court to the order dated 27.07.2017 passed by Indore Bench of this Court in W.P. No. 793/17 Gendalal Arniya vs. Finance Department wherein the Coordinate Bench at Indore was dealing with the similar controversy and relying on the judgment of Division Bench in the matter of Lokendra Kumar Agrawal vs. State of M.P. and another as reported in (2010) 2 MPHT 163, the Court held that denial to accept promotion will not dis-entitle a person to avail the benefits of up-gradation. Resultantly, this petition deserves to be allowed and is allowed. It is directed that the benefits which were extended to the petitioner with effect from 18.03.2017 shall continue to be paid to the petitioner and exercise of granting up-gradation shall be concluded within a period of 3 months from the date of receipt of certified copy of the order being passed today.
(Vivek Agarwal)
(alok) Judge
ALOK KUMAR
2018.02.10 11:08:11 +05'30'