IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE JAI KUMAR PILLAI

nd

ON THE 2 OF FEBRUARY, 2026 WRIT PETITION No. 4200 of 2021 RAJENDRA KUMAR MOURYA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Mr. Girish Kumar Ukhale, counsel for the petitioner. Ms. Drishti Rawal, counsel for the respondents/State.

ORDER By way of this Writ Petition filed under Article 226 of the Constitution of India, the petitioner invokes the extraordinary jurisdiction of this Court, seeking directions against the inaction of the respondents in not granting him timely promotion from the post of Assistant Engineer to Executive Engineer. The petitioner further challenges the inaction regarding the correction of the seniority list and seeks a mandamus directing the respondents to grant him promotion to the post of Assistant Engineer with effect from 28.07.2003 and to the post of Executive Engineer with effect from 21.12.2009, with all consequential benefits, at par with his juniors.

2. The facts, as strictly discernible from the pleadings supplied, are that the petitioner was appointed to the post of Sub-Engineer in 1989. In the year 2000, following the unfortunate suicide of the petitioner's wife, a report was lodged against him by his in-laws, leading to a trial under Section 306 of the Indian Penal Code. Consequently, the petitioner was placed under suspension on 09.12.2000.

3. The petitioner was acquitted of all charges vide order dated 27.06.2002. Subsequently, his suspension was revoked by order dated 07.11.2002, and he was posted back to his original Division. By a subsequent order dated 16.06.2003, the suspension period was regularized and directed to be treated as a period in service for all purposes. In the seniority list of the year 2004, the petitioner’s name appeared at Serial No. 573. Two other employees, namely Shri Nandram Pyarelal Solanki and Shri Santosh Singh Chouhan, were placed at Serial No. 576 and Serial No. 628, respectively.

4 . Shri Nandram Pyarelal Solanki was granted promotion to the post of Assistant Engineer in the year 2003, and Shri Santosh Singh Chouhan was promoted in the year 2009. The petitioner, however, was promoted to the post of Assistant Engineer on 17.09.2010. Consequently, the petitioner was placed below the aforementioned persons in the cadre. It is stated that the said juniors have now been promoted to the post of Executive Engineers, whereas the petitioner’s name was not included in the Departmental Promotion Committee (DPC) proceedings held in November 2020. The petitioner submitted various representations, including one dated 25.06.2005 and another dated 01.05.2018, regarding the anomaly in seniority and the non-forwarding of his Confidential Reports (CRs)

for the period 2000-2005, but to no avail.

5. Counsel for the petitioner submits that the inaction of the respondents in denying timely promotion is unjust, arbitrary, and violative of the principles of natural justice. It is contended that since the petitioner was senior to Shri Nandram Pyarelal Solanki and Shri Santosh Singh Chouhan in the 2004 seniority list, bypassing him while promoting juniors in 2003 and 2009 is illegal.

6. It is further argued that since the petitioner’s suspension was revoked and the period regularized for all purposes, he was fully entitled to be considered for promotion from the date his juniors were promoted. The petitioner contends that the failure to promote him was due to the respondents' discriminatory approach and the non-forwarding of his Self-Declaration regarding Confidential Reports. The petitioner prays for "Deemed Promotion" to the post of Assistant Engineer w.e.f. 28.07.2003 and to the post of Executive Engineer w.e.f. 21.12.2009 to be placed at par with similarly placed employees.

7. Per contra, the respondents have raised a preliminary objection regarding the non-joinder of necessary parties. It is submitted that the petitioner has failed to implead Shri Nandram Pyarelal Solanki and Shri Sa