Entitlement to promotion based on seniority-cum-merit as per the M.P. Class-III (Ministerial) Forest Services Recruitment Rules, 2000

K.K. Trivedi. J.

1. The petitioner, a Class-IV employees of the Forest Department, working on the post of Peon, has approached this Court by way of filing this writ petition under Article 226 of the Constitution of India, ventilating his grievance of non-consideration for grant of promotion on the post of Assistant Grade-III in appropriate manner and denying the said promotion to him, whereas, the benefit is extended to the respondent No. 4, who is said to be junior to the petitioner. It is contended by the petitioner that he was initially appointed on 18.3.1986 on the post of Peon in the establishment of Chief Conservator of Forest (Production), Bhopal. The petitioner has passed Higher Secondary School Examination in the year 1991. There were instructions issued by the State Government for considering the cases of Class-IV employees, for promotion on Class-III post, but despite sending of the relevant Annual Confidential Reports (hereinafter referred to as the ACR for brevity) of the petitioner, by an order dated 21.5.2004 juniors to the petitioner were promoted. Pointing out these facts, representations were made by the petitioner, but nothing was done, therefore, the writ petition was required to be filed. It is further contended by the petitioner that the respondent No. 4 was appointed on 9.12.1997 on the post of Daftari and therefore, the respondent No. 4 was much junior to the petitioner. Despite this fact, the respondent No. 4 was promoted and the name of the petitioner was not considered in appropriate manner. Even the relaxation has been granted by the State Government in passing of the Hindi typing test, but such a claim of the petitioner was not considered. Only this much was said that the post is not available to consider the claim of petitioner and as soon as the post is made available, the petitioner would be considered for promotion. In view of the aforesaid contentions, the petitioner has claimed following reliefs:-

(i). That, by issuance of a writ nature of Mandamus this Hon'ble Court may be pleased to call the records relating to the case of the petitioner.

(ii). That, by issuance of a Writ in nature of Mandamus the Hon'ble Court may be pleased to direct the respondents that replace the petitioner in place of respondent no. 4.

(iii). That, by issuance of a Writ in nature of Mandamus the Hon'ble Court to direct the respondent to promote the petitioner according to the rules, i.e. just after completion of 5 years of qualifying service and may also to given him further promotion alongwith all the consequential benefits and arrears with interest of 30% per annum.

(iv). That, he should also be granted all the consequential benefits including time bound promotion which he hasn't received.

(v). That, by issuance of writ in the nature of Mandamus the Hon'ble High court may be pleased to direct the respondents to pay Rs. 50,000/- towards the compensation for the harassment of the petitioner and also direct the respondents to take the punitive measures against the responsible authorities.

While filing the return, respondents No. 1 to 3 have contended that the claim of the petitioner was also considered for grant of promotion. In fact, such promotion was to be considered in terms of M.P. Class-IV Service Recruitment Rules, 1967 (hereinafter referred to as 1967 Rules for brevity). Promotion to the post of Assistant Grade-III feeder posts are Peon, Daftari/Jamadar and Supervisor. The seniority of all three feeder posts are maintained separately. The posts of Daftari/Jamadar are superior to the post of Peon. The name of respondent No. 4 was above in the list of Daftari/Jamadar and she being superior to other, her name was kept at Serial No. 1 in the zone of consideration for promotion from Class-IV to Assistant Grade-III. The name of the petitioner was also in the zone of consideration, keeping in view the vacancies available and the seniority of the petitioner. When the Departmental Promotion Committee (hereinafter refe