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Judgment
The petitioner before this Court has filed this present writ petition for issuance of an appropriate writ, order or direction, directing the respondents to issue consequential promotion order to the post of Asstt. Veterinary Field officer. The petitioner was appointed as Peon on 22/8/1994. He has undergone training for the post of Asstt. Veterinary Field Officer successfully in the year 2015, however, he has not been granted promotion.
A similar controversy arose before this Court in the case of Omprakash Vs. State of MP and others (W.P.No. 9898/2019, decided on 17/10/2019) and this Court has allowed the Writ Petition. The order passed by this Court in the case of Omprakash (supra) reads as under :
W.P. No. 9898/2019
Omprakash S/o. Sukhram Gurjar. V/s. State of M.P. & others. & others.
Indore, dated : 17.10.2019
Petitioner by Shri Yashpal Rathore, Advocate.
Respondents/State by Shri Mayank Purohit, Govt. Advocate.
With consent of learned counsel for the parties, heard finally.
ORDER
The petitioner has filed the present petition being aggrieved by the inaction of the respondents by which they are not issuing the promotion order despite his name finds place in the Selection-list dated 22.6.2013 and he has undergone two years' training.
The petitioner was appointed on the post of Peon vide order dated 11.10.1996. The State Government framed the Rules known as "M.P. Veterinary Class-III (Non-Ministerial) Service Recruitment Rules, 2006". Under the said Rules, Class-IV employees are eligible for promotion to the post of Assistant Veterinary Field Officer subject to fulfilment of the eligibility criteria which is reproduced as under :
(i) Regular Class-IV employees having qualification of Higher Secondary (old pattern) or 10+2 new pattern and the age limit is prescribed as 50 years.
(ii) The selected candidate should have passed the two years mandatory training from the Departmental Training Institute.
Vide order dated 22.6.2013, the Directorate of Veterinary Services issued a list of Class-IV employees, who have been selected for two years' training required for the post of Assistant Veterinary Field Officer. In this list, the name of petitioner is at Serial No.85. The petitioner was sent for training and he has successfully completed the training which has been certified vide Annexure P/4. The grievance of the petitioner is that despite completion of training the respondents are not issuing his promotion & posting orders, hence the present petition before this Court.
Shri Rathore, learned counsel appearing for the petitioner, submits that in the case of identically placed employees viz. Devendra Sharma and Rajendra Sharma, promotion orders have been issued by the respondents, but in the case of petitioner, they are unnecessarily not issuing the order.
After notice, the respondents have filed the reply without disputing the fact that the petitioner has already undergone the two years' training which is required for the post of Assistant Veterinary Field Officer. The respondents have withheld the promotion order of the petitioner because of the SLP No.13954/2016, in which, order dated 12.5.2016 has been passed. By the aforesaid order, the apex Court has directed to maintain status quo in respect of promotion. The apex Court has stayed the process of promotion only in respect of holding of DPC meeting to be held for promotion of General Category candidates vis-a-vis candidates of reserved category. In the present case, entitlement of the petitioner for promotion had already been decided. He was sent for training and he has completed the training before the status quo order was passed by the apex Court. The respondents are only required to issue the promotion and posting order of the petitioner, therefore, the status quo order will not come in the way of the petitioner. In the identical case, the Co-ordinate Bench of this Court at Principal Seat in W.P. No.13241/2017 (Dhirendra Chaturvedi V/s. State of M.P. & others) vide order dated 16.4.2019 has held as under :
"11. As far as the petitioner is concerned, he admittedly belongs to General Category, not getting the benefit of provisions of the Promotion Rules, 2002, which is sub judice before the Apex Court, and infact his promotion is otherwise not connected with the direction given by the Apex Court in the case of M. Nagraj (supra).
Accordingly, in view of the discussion made hereinabove, taking note of the law laid down by the Apex Court in case of Oriental Insurance Company (supra) and also Ram Sawrup Saroj (supra) and further clarification made by the Government of India vide its Office Memorandum dated 15th June, 2018 and further by this High Court in the case of Kushal Singh (supra), the order impugned is not sustainable and is hereby set aside. The respondents are directed to issue the order of promotion in favour of the petitioner considering the then existing available vacancies as pointed out by the petitioner in his representation of the post of Additional Director. Such exercise be completed within a period of three months from the date of submitting the certified copy of this order."
In view of the above, this petition deserves to be and is hereby allowed. The respondents are directed to issue promotion and posting order of the petition within thirty days from the date of production of certified copy of this order. No order as to costs.
In the light of the aforesaid order passed by the coordinate Bench of this Court, no further orders are required to be passed in the present case. The present Writ Petition is also allowed. The order passed in the case of Omprakash (supra) shall be applicable mutatis mutandis in the present case also.