High CourtsSingle Bench(2013) 08 MP CK 0280

Hitesh Kumar Jatav vs The State of Madhya Pradesh

Madhya Pradesh High Court · Decided on 14 August 2013

HON’BLE JUDGES
Sujoy Paul, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition 5550 of 2013 (s)

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Judgment

6 paragraphs · 231 words

Sujoy Paul, J.—Heard. The grievance of the petitioner is that he was promoted by order Annexure P/1 dated 25th June, 2013 and is relieved by Annexure P/2. By taking this Court to representation Annexure P/11 dated 11.07.2013 learned senior counsel submits that the petitioner has decided to forgo the promotion and therefore, he be not compelled to join the promotional post. By placing reliance on Rule 15 of the Madhya Pradesh Public Services (Promotion) Rules, 2002 and Rule 15 of Madhya Pradesh State Administrative Service Classification Recruitment and Conditions of Service Rules, 1975, it is contended that the petitioner cannot be compelled to join the promotional post.

2.

Shri B. Raj Pandey submits that the petitioner''s representation will be decided in accordance with law.

3.

In view of the aforesaid stand of the parties, I dispose of this petition without expressing any opinion on the merits of the case with the following directions:

(i) The petitioner shall resubmit his representation Annexure P/11 along with copy of this order before respondent No. 1 within seven days, failing which interim protection shall not be available to the petitioner.

(ii) Respondent No. 1, in turn shall consider and decide the said representation by a reasoned order expeditiously.

4.

Till decision of representation, no coercive action will be taken against the petitioner for not joining the promotional post. With the aforesaid petition is disposed of.