SHRI MANINDRA MOHAN SHRIVASTAVA, J.

1. The petitioner filed an original application before the M.P. State Administrative Tribunal, Bench at Raipur which was registered as Original Application No.2182/02. Upon abolition of the Tribunal, the petition was transferred to this Court.

The petitioner has filed this petition aggrieved by his super-session in the matter of promotion to the post of Assistant District Excise Officer as also denial of benefit of scale promotion provided by the State vide various circulars dated 19/04/1999 (Annexure A/6), 12/10/1999 (Annexure A/7), 17/05/2000 (Annexure A/8) and 17/05/2000 (Annexure A/9).

2. Quintessential facts necessary for adjudication of controversy involved in the petition are stated infra.

The petitioner was initially appointed as Excise Sub-Inspector in the Excise Department of erstwhile state of Madhya Pradesh in the year 1982. He was confirmed in the service in the year 1987. Upon re-organisation of the State of M.P. under M.P./C.G. Re-organisation Act, 2000, petitioner's services were allocated to the newly carved out State of