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2017 Supreme(Chh) 379

MANINDRA MOHAN SHRIVASTAVA
Anil Kumar Shukla S/o Late Ganesh Prasad Shukla – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
For the Petitioner:Shri Sandeep Dubey, Advocate
For the Respondents:Shri S.P. Kale, Dy. A.G., Shri Kishan Lal Sahu, Advocate appears under instructions from Shri Bhupendra Singh, Advocate

ORDER :

Heard.

1. The petitioner is aggrieved by order dated 15th April 2011 by which petitioner's promotion has been cancelled by the State Government.

2. Facts necessary for decision of controversy involved in the petition are that while petitioner was working as Electrician in the services of Municipal Corporation, Ambikapur, a vacancy of Sub Engineer became available against which the petitioner was entitled to be considered. However, the matter remained pending for quite some time. Finally, the departmental promotion committee of the Corporation convened its meeting on 4.1.2007 to consider petitioner's case for promotion against the available vacancy of Sub Engineer (Electrician) in accordance with the then existing rules governing promotion, known as Madhya Pradesh Municipal Corporations (Appointment and Conditions of Service of Officers and Servants) Rules, 2000 (in short “ the Rules of 2000 ”). The DPC resolved and recommended for promotion. The proposal of the DPC was approved by the Mayor-in- Council (MIC) vide its resolution passed on 19.2.2007. Thereafter, an order was passed by the Corporation granting promotion to the petitioner on 14.6.2007. However, as there existed a


















































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