Madhya Pradesh High Court
Brajesh Singh Tomar vs Madhya Pradesh Power Management ... on 17 August, 2021
Author: Rohit Arya
1 WP-8097-2021
The High Court Of Madhya Pradesh
WP-8097-2021
(BRAJESH SINGH TOMAR Vs MADHYA PRADESH POWER MANAGEMENT COMPANY LTD. RAMPUR
JABALPUR AND OTHERS)
3
Indore, Dated : 17-08-2021
Shri Anand Agrawal, learned counsel for the petitioner.
Shri Madhusudan Dwivedi, learned counsel for the respondents.
Heard through Video Conferencing.
This writ petition under Article 226 of the Constitution of India is
directed against non-implementation of recommendation of Departmental
Promotion Committee constituted for consideration of claim of petitioner
alongwith other eligible persons for promotion from the post of Junior
Engineer to Assistant Engineer convened on 27/05/20211.
Factual backdrop of the case is that while petitioner was considered for
promotion, he was facing an enquiry under M.P. Civil Services
(Classification, Control and Appeal) Rules, therefore, recommendation of
DPC was kept in sealed cover. Petitioner stood exonerated of charge levelled
against him in the year 2013. Thereafter, petitioner made a representation
regarding opening of sealed cover and implementation of recommendations in
respect of petitioner. However, representation so made has not been decided
by the respondent/authorities under the pretext that a SLP has been preferred
before the Hon'ble Supreme Court against the judgment of Division Bench of
this Court passed in W.P. No.10296/2012 dated 30/04/2016.
Learned counsel for the petitioner contends that the judgment so
rendered has no application to the claim of petitioner seeking implementation
of recommendation of DPC for two reasons;- (i) that in the aforesaid
judgment, the Division Bench has dealt with the issue of reservations in the
matter of promotions; (ii) even otherwise, recommendations in the case in
hand were made as far back in the year 2011 and no issue related to
reservation of post was involved. Therefore, the said judgment has no
bearing on such recommendations.
2 WP-8097-2021
Learned counsel for the petitioner refers to the order of this Court and
that of Division Bench in number of cases wherein, in similar circumstances,
this Court had ordered for implementation of recommendations of DPC and
claims for promotion have already been decided in number of cases.
Per contra, learned counsel for the respondents submits that true it is,
in the instant case, issue related to reservation of post in promotion is not
directly involved. Nevertheless, since subject matter of dispute is in the realm
of promotion, therefore, it shall be desirable if this Court awaits the outcome
of the SLP pending before the Hon'ble Supreme Court against the judgment
of Division Bench (supra).
Upon hearing learned counsel for the parties, this Court is of the
considered opinion that the judgment rendered by the Division Bench and
under challenge before the Hon'ble Supreme Court, in fact, is in the context
of reservations of posts in various categories for the purpose of promotions
and does not have any bearing on the cases as one in hand.
In view of the aforesaid, it is hereby directed that respondents/
authorities shall open the sealed envelop and implement the recommendations
of DPC dated 27/05/2011 in relation to the petitioner within three weeks from
today.
It needs no mention that if petitioner is found to have been
recommended for promotion on the post of Assistant Engineer, all
consequential benefits shall be accrued to him in accordance with law.
With the aforesaid observations, this petition stands disposed of.
No order as to costs.
(ROHIT ARYA)
JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
CHATURVE GWALIOR, postalCode=474011, st=Madhya
Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e
DI
67d11d7f91045d81139f6792fbd4ae91f,
cn=VARSHA CHATURVEDI
Date: 2021.08.18 19:11:57 +05'30'
