Yaduraj Rai vs The State Of Madhya Pradesh
2024 Latest Caselaw 15567 MP

Madhya Pradesh High Court

Yaduraj Rai vs The State Of Madhya Pradesh on 24 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 24 th OF MAY, 2024
                                           WRIT PETITION No. 20488 of 2022

                         BETWEEN:-
                         YADURAJ RAI S/O SHRI NARMADA PRASAD RAI, AGED
                         ABOUT 40 YEARS, OCCUPATION: WORKING AS DEPUTY
                         DIRECTOR (CURRENT CHARGE) PROVIDENT FUND O/O
                         CHIEF FINANCE OFFICER CFO MADHYA PRADESH
                         POWER TRANSMISSION COMPANY LIMITED SHAKTI
                         BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI RAKESH SINGH - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                               PRINCIPAL SECRETARY DEPARTMENT OF
                               ENERGY MANTRALAYA VALLABH BHAWAN
                               DISTRICT BHOAPL (MADHYA PRADESH)

                         2.    THE MANAGING DIRECTOR MADHYA PRADESH
                               POWER TRANSMISSION COMPANY LIMITED
                               SHAKTI   BHAWAN,  RAMPUR,   JABALPUR
                               (MADHYA PRADESH)

                         3.    THE CHIEF ENGINEER (HUMAN RESOURCE AND
                               ADMINISTRATION) MADHYA PRADESH POWER
                               TRANSMISSION   COMPANY LIMITED SHAKTI
                               BHAWAN,    RAMPUR    JABALPUR  (MADHYA
                               PRADESH)

                         4.    THE CHIEF FINANCIAL OFFICER MADHYA
                               PRADESH POWER TRANSMISSION COMPANY
                               LIMITED SHAKTI BHAWAN, RAMPUR, JABALPUR
                               (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                         (STATE BY SHRI ANKIT AGRAWAL - GOVERNMENT ADVOCATE)

                               This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: AMIT JAIN
Signing time: 24-05-
2024 19:04:19
                                                                2
                         following:
                                                                ORDER

The only issue involved in this case is that the DPC was convened on 20.1.2016 for promoting eligible persons to the post of Senior Accounts Officer/Deputy Director (Finance) but that recommendation was not implemented by the authority in the light of the judgment of the Apex Court in S.L.P No.13954/2016 (R.B.Rai versus State of Madhya Pradesh) and now since that stay has been modified by the Apex Court vide order dated 10.4.2023 i n the State of M.P. & Anr vs Vinay Kumar Babele, therefore, the authorities are duty bound to implement the recommendation.

Learned counsel for the petitioner submits that the DPC, which was

convened in the case of the petitioner, was prior to the date of stay and, therefore, there is no embargo on implementing the recommendation.

It appears that the respondents are playing hide and seek to deny the actual financial benefit. If the petitioner is found eligible for promotion then the promotion will relate back to the date of the DPC or the date on which the post had fallen vacant and the petitioner will be entitled to all financial benefits.

Let the same be implemented within thirty days from today failing which the petitioner will be entitled to initiate contempt proceedings against the respondents.

In above terms, this writ petition is allowed & disposed of.

(VIVEK AGARWAL) JUDGE amit