J.P.Shrivastava (Dead) Smt. Vijay ... vs The State Of Madhya Pradesh
2024 Latest Caselaw 13457 MP

Madhya Pradesh High Court

J.P.Shrivastava (Dead) Smt. Vijay ... vs The State Of Madhya Pradesh on 9 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 9 th OF MAY, 2024
                                           WRIT PETITION No. 7788 of 2005

                           BETWEEN:-
                           J.P.SHRIVASTAVA (DEAD) SMT.   VIJAY LAXMI
                           SHRIVASTAVA W/O LATE SHRI J.P. SHRIVASTAVA,
                           AGED ABOUT 68 YEARS, OCCUPATION: NIL R/O 31
                           PARSHWA PAVELLIAN SHAHPURA BHOPAL (MADHYA
                           PRADESH)

                                                                            .....PETITIONER
                           (BY SHRI HEMANT SHRIVASTAVA - SENIOR ADVOCATE ASSISTED BY
                           SHRI SHRIKRISHNA SHRIVASTAVA)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY PANCHAYAT AND RURAL
                                 DEVELOPMENT        AND       DEPARTMENT
                                 MANTRALAYA VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE COMMISSIONER PANCHAYAT AND RURAL
                                 DEVELOPMENT    DEPARTMENT VINDHYACHAL
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    SHRI V.S. CHANDEL EXECUTIVE ENGINEER
                                 GENERAL MANAGER M.P. RURAL ROAD
                                 DEVELOPMENT          AUTHORITY PROJECT
                                 IMPLEMENTATION UNIT MANDSORE (MADHYA
                                 PRADESH)

                           4.    SHRI U.B. SINGH EXECUTIVE ENGINEER
                                 GENERAL    MANAGER M.P. RURAL ROAD
                                 DEVELOPMENT         AUTHORITY PROJECT
                                 IMPLEMENTATION UNIT SHAHDOL (MADHYA
                                 PRADESH)

                           5.    SHRI K.M. GUKPTA EXECUTIVE ENGINEER
                                 PROJECT OFFICER ZILA PANCHAYAT GWALIOR
                                 (MADHYA PRADESH)

Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 10-05-2024
11:22:23
                                                      2
                           6.    SHRI P. PRAJAPATI EXECUTIVE ENGINEER
                                 RURAL ENGINEERING    SERVICES KHANDWA
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                               ORDER

This petition is filed being aggrieved of supersession of the petitioner for promotion on the post of Executive Engineer.

Shri Suyash Thakur submits that he has filed an application for exemption from personal presence of Commissioner, Panchayat and Rural

Development on account of the fact that his wife has undergone surgery yesterday.

Thereafter, on merits, it is further submitted by Shri Suyash Thakur that the learned Commissioner has admitted that ACRs from 1989 to 1994 were not communicated to the petitioner on the basis of which his promotion has been denied.

Taking these facts into consideration that the review DPC was held by the respondent authorities on 7/11/1998 for considering the cases of eligible Assistant Engineers for promotion to the post of Executive Engineers and it acted on the basis of uncommunicated ACR and that being contrary to the judgment of the Supreme Court in the case of Dev Dutt Vs. Union of India and others (2008) 8 SCC 725, such uncommunicated ACRs should not have been acted upon.

Accordingly, the order of supersession of the petitioner is hereby quashed. Respondents are directed to consider the case of the petitioner on the

basis of previous ACRs or as the case may be and convene the review DPC within a period of thirty days and take a decision on the entitlement of the petitioner's husband in regard to promotion and if found fit, grant all consequential benefits to the petitioner within the aforesaid period.

In above terms, the petition is disposed of.

(VIVEK AGARWAL) JUDGE vy