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2023 Supreme(MP) 21

ANAND PATHAK
Virendra Chakraverti – Appellant
Versus
Secretary, The State of Madhya – Respondent


Advocates:
Manoj Sharma with Parag Tiwari for petitioner; Lalit Joglekar, Government Advocate for respondents No. 1 to 3/State; Mohd. Irfan for respondents No. 4 and 7; Sanjay K. Agrawal for respondents No. 5 and 6; Rahul Deshmukh for respondent No. 8.

ORDER

With consent, heard finally.

1. The present petition has been preferred by the petitioner under\ Article 226 of Constitution of India seeking following reliefs :--

“(i) To call for whole record of the respondents in connection with the promotions of the respondent No.8 & petitioner for kind perusal of this Hon’ble Court.

(ii) To quash the Annexure P-1, 2, 3 & 4 order dated 4.6.2008, 11.4.2008 & 18.3.2010 and cancel the promotion order of respondent No.8 illegally passed by the Respondent No.1 to 7. and promotion of the petitioner of the petitioner may be approved as per law on the post of Head Clerk/Head Accountant.

(iii) To direct respondents No.1 to7 for issuing promotion order of the petitioner on the post of Head Accountant as per seniority list.

(iv) Any other Writ/relief for which the petitioner be may kindly be granted this Hon’ble Court.”

2. Precisely stated, facts of the case are that petitioner was appointed on 12.2.1986 on the post of Cashier (Assistant Grade-III) in office of Municipality, Raisen (respondent No.6 herein). Respondent No.8 (private respondent) was appointed on 12.9.1995 on the post of (Assistant Grade-III). In April 2000, service of petitioner was

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