IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 11 OF MARCH, 2024 WRIT PET. (SERVICE) No. 5865 of 2005 BETWEEN:-

RAJ KUMAR SHUKLA S/O SHRI RAMADHAR SHUKLA, AGED ABOUT 49 YEARS, OCCUPATION: PATWARI HALKA NO.15 PONDI TEHSILR AGHURAJ NAGAR DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER (NONE FOR THE PETITIONER)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY TO THE GOVT. OF M.P. DEPARTMENT OF REVENUE AND LAND RECORDS AND SETTLEMENT BHOPAL (MADHYA PRADESH)

2. COMMISSIONER LAND RECORDS AND SETTLEMENT M.P. GWALIOR (MADHYA PRADESH)

3. COLLECTOR , DISTRICT SATNA (MADHYA PRADESH)

4. SHRI GAYA PRASAD S/O SHRI SURYABHAN MISHRA OCCUPATION: GOVERNMENT SERVICE REVENUE INSPECTOR C/O TEHSILDAR TEHSIL RAGHURAJ NAGAR DISTRICT SATNA (MADHYA PRADESH)

5. SHRI INDRA KUMAR S/O SHRI JAMUNA PRASAD OCCUPATION: GOVT. SERVICE REVENUE INSPECTOR DIVERSION C/O SUB DIVISIONAL OFFICER REVENUE TEHSIL MAIHAR DISTRICT SATNA (MADHYA PRADESH)

6. DINESH KUMAR NIGAM S/O SHRI ABADH KUMAR OCCUPATION: GOVT. SERVICE REVENUE INSPECTOR NAZUL C/O TAHSILDAR TAHSIL Signature Not Verified Signed by: VAIBHAV MAIHAR DISTRICT SATNA (MADHYA PRADESH)

7. SHRI GANESH PRASAD SONI S/O NOT KNOWN OCCUPATION: GOVT. SERVICE REVENUE INSPECTOR BHU PRABANDHAN C/O COLLECTOR DISTRICT SATNA (MADHYA PRADESH)

8. SHRI GAURI SHANKAR S/O SHRI BHAOORAM PANDEY OCCUPATION: GOVT. SERVICE REVENUE INSPECTOR C/O TAHSILDAR, TAHSIL NAGOD SATNA (MADHYA PRADESH)

9. SHRI DEVENDRA SINGH S/O SHRI RAJ BAHADUR SINGH OCCUPATION: GOVT. SERVICE REVENUE INSPECTOR C/O TAHSILDAR TAHSIL MAJHGAWAN, DISTRICT SATNA (MADHYA PRADESH)

10. SHRI SHIVKANT DIXIT S/O SHRI K.K. DIXIT OCCUPATION: GOVT. SERVICE REVENUE INSPECTOR C/O COLLECTOR DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENTS (SHRI DHEERAJ TIWARI - PANEL LAWYER FOR THE STATE)

This petition coming on for orders this day, the court passed the following:

ORDER

Petitioner has submitted a representation to the respondent no. 2 namely the Commissioner, Land Records and Settlement to consider his case for promotion. Petitioner's grievance is that the respondents be directed to consider his case for promotion and decide it through a speaking order.

Respondents have filed their reply and in the reply, it is mentioned that the petition is devoid of merits.

It is mentioned in the reply that petitioner was serving as a Patwari in the Revenue Department of the State Government. While serving on the post of 'Patwari', petitioner was prosecuted for offences under Sections 302, 148, 323 nd and 324 of I.P.C. S.T. No. 129/1988 was tried in the court of II Additional Signature Not Verified Signed by: VAIBHAV Sessions Judge, District Satna. Petitioner was acquitted on 29/02/2000. It is also mentioned that in the meanwhile, the State of C.G. came into being and some posts were given to the State of C.G. on bifurcation.

However, fact of the matter is that due to pendency of the criminal case, petitioner's case should have been kept in a sealed cover when D.P.C was convened and that sealed cover should have been opened on acquittal of the petitioner.

Respondents have not mentioned anything in regard to keeping the case of the petitioner in a sealed cover.

Thus, it is evident that an illegality has been committed by the respondent/State and this aspect has not been adverted to by Shri P. K. Shrivastava, Deputy Commissioner, Land Records Gwalior while filing the reply to the petition.

In view of such facts, this petition can be disposed of with a direction to the Commissioner, Land Records to convene a meeting of the Review D.P.C. and consider the case of the petitioner for promotion to the post of 'Revenue Inspector' on the date on which his juniors were considered and if found fit, then to grant benefit of promotion with all consequential benefits.

Let this exercise be completed within sixty days from the date of receipt of certified copy of this order.

In above terms, the petition is disposed of.

(VIVEK AGARWAL)

JUDGE vy Signature Not Verified Signed by: VAI