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K.K.TRIVEDI
Y. P. Rai – Appellant
Versus
Madhya Pradesh State Electricity Board – Respondent
K.K. Trivedi, J.:-
This petition under Article 226 of the Constitution of India is directed against the order dated 27.12.2004 by which the persons said to be junior to the petitioner, have been promoted on the post of Additional Chief Engineer (T&D), contending inter alia that the petitioner was denied the benefit of promotion only because the vacancies, which occurred on the aforesaid post before coming into force of the amendment made in the Regulations prescribing consideration for promotion, were filled in by considering the cases in terms of amended Regulations. It is contended that the facts relating to availability of the vacancies was specifically pleaded, brought to the notice of the authorities but the same was not taken into consideration. The petitioner though was subsequently promoted but was denied the promotion at the relevant time only because a change of criteria as prescribed in the amended provisions of the regulations was made applicable in case of the petitioner and respondents No.3 to 24. All those juniors have been promoted earlier than the petitioner and because of that reason, the petitioner has been denied the benefit of consideration for promotion
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