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2009 Supreme(MP) 451

SUBHASH SAMVATSAR, INDRANI DATTA
Bharat Bhushan Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
D.K. Katare for appellant;
Vivek Khedkar, Government Advocate for State.

ORDER

1. This writ appeal is preferred by the appellant challenging order dated 17.3.2009 passed in Writ Petition (S) No. 13/2009 passed by Single Judge of this Court whereby the petition filed by the present appellant was dismissed.

2. The brief facts of the case are that the appellant is a Government employee working on the post of Assistant Grade III at Janpad Panchayat, Vidisha. He filed a writ petition challenging the order dated 15.12.2008 whereby the respondent No.3 has been promoted to the post of UDC in the pay-scale of Rs.4,000-6,000/-.

3. The contention of the appellant is that he was found more meritorious than respondent No.3 by the DPC as he has secured 20 marks in the DPC while the respondent No.3 has secured only 13 marks, and therefore, he should be promoted. Respondents No.1 and 2 have committed error in promoting the respondent No.3. The order of promotion of respondent No.3 (Annexure P-l) was challenged by the present appellant by way of filing a writ petition i.e Writ Petition (S) No. 13/2009, which was dismissed by the impugned order. The learned writ Court upheld the order of promotion of respondent No.3 dated 15.12.2008, hence this appeal.

Shri D.K. Katare,








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