IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3906 OF 2009
M.P. Singh Bargoti …..Appellant
Versus
State of Madhya Pradesh & Anr. …..Respondents
This appeal is directed against final judgment and order dated 15.10.2007 passed in Writ Petition No.4449 of 2001whereby the High Court of Madhya Pradesh dismissed the writ petition of the appellant and declined to interfere with order of the M.P. Administrative Tribunal (hereinafter referred to as ‘the Tribunal’) dated 26.02.2001 passed in O.A.No.1122 of 2000.The simple case of the appellant is that he has been deprived of benefits of timely consideration and promotion from the post of Inspector to the post of Deputy Superintendent of Police although there was a direction of the Tribunal in cases filed by others and disposed of on 15.06.1993 and 03.11.1997 and also in a case filed by the appellant along with 29 others bearing O.A. No.893 of 1997 allowed on 11.03.1998 for preparation of a Combined Gradation List for promotion to the post of Deputy Superintendent of Police and to include in it the names of all who were petitioners before the Tribunal. Since the order of the Tribunal dated 11.03.1998 was not challenged by any one and attained finality, the case of the appellant deserves to be considered on the basis of facts noted in paragraph 1 of that order and the relief granted in paragraphs 8 and 9 of that order.
They are as follows: “The applicants in this case are inspectors in the Finger Print Branch of the Police Department, which is an executive Branch of the said department. The applicants have averred that for promotion to the next higher post of Deputy Superintendent of Police the respondents have from time to time issued a combined gradation list of inspectors of the executive branches of the department. The applicant’s contention is that the combined gradation list issued for the year 1996 does not include their names in it. In this connection they have submitted that all the persons belonging to the finger print branch have not been included in the combined gradation list. The applicants’ contention is that the non-inclusion of their names in the combined gradation list is in violation of the provisions of Madhya Pradesh Police (Gazetted Officers) Recruitment Rules 1987 – ‘1987 Rules’ for order dated 15.6.1993 passed in O.A.No.93/92 placed at Annexure A-1, as also order dated 3.11.1997passed in O.A.No.834/93. The applicants’ submission is that meeting of the departmental promotion committee is going to be held shortly on the basis of a combined gradation list excluding their names and they will therefore, thus be deprived of consideration for promotion illegally. The applicants have, therefore, prayed for a direction to the respondents to include their names as also names of other inspectors of the Finger Print Branch in the combined gradation list of inspectors of the executive branches and to consider the cases of their promotions on the basis of such a combined gradation list. By way of interim relief it was directed by the Tribunal that the meeting of the departmental promotion committee for considering promotion to the post of Deputy Superintendent of Police may be held but no orders promoting anyone out of the select list so prepared shall be issued till the disposal of this case….read more