--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 7612 / 2009 GOPAL SINGH MANDLOI Vs. THE STATE OF MP & OTHERS * * * * * O R D E R ( 31/10/2011) The petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 3/2/09 by which the respondent No.3 has been promoted to the post of Principal, I.T.I., under the Department of Technical Education. The contention of the petitioner is that he is senior to respondent No.3 and a Departmental Promotion Committee was held on 23/10/2007, however, his case was not at all considered by the respondents and a junior to the petitioner has been promoted to the next higher post of Principal. Petitioner has prayed for the following reliefs : (a) to call for the relevant record of the case from the respondents. (b) to direct the respondents to consider the case of the petitioner and --- 2 --- to grant him promotion to the post of Principal Gr-II of I.T.I., with all consequential monetary benefits at par with respondent No.3 by a writ of Mandamus or any other appropriate writ, direction or order. (c) to allow this petition with costs; and (d) to pass such other order(s) as may be deemed appropriate in the facts and circumstances of the case, to grant relief to the petitioner. A reply has been filed on behalf of respondent State and the respondent State has admitted that a Departmental Promotion Committee was held on 23/10/2007, however, at the relevant point of time, on account of non availability of relevant documents and complete information about the petitioner, his case was not considered and he was not promoted. Respondents have also stated that the petitioner has later on submitted an application for voluntary retirement and vide order dt. 1/11/2010 his request has been accepted and therefore he is not entitled for any relief. Heard learned counsel for the parties at length and perused the record. The matter is being disposed of at the admission stage itself with the consent of the parties. In the present case, it is an admitted fact that the --- 3 --- respondent No.3 though a junior to the petitioner was considered by the Departmental Promotion Committee on 23/10/2007 for promotion to the post of Principal, I.T.I., and the petitioner was admittedly a senior was not considered on account of non availability of relevant documents and complete information. Respondents in their reply which is duly supported by an affidavit in para 2 has stated as under : 2. In reply to the submissions made by the petitioner and relief sought by him, it is most humbly submitted that for promotion to the post of Principal, ITI, the Departmental Promotion Committee was held on 23/10/2007 and at the relevant point of time the petitioner was well within zone of consideration and his case was also considered for promotion by the Departmental Promotion Committee but due to non availability of relevant documents and complete information about the petitioner, his case could not be considered for promotion and he was not promoted, though the posts were reserved at that time, but thereafter from 23/10/2007 no Departmental Promotion Committee has been held. The aforesaid statement in the reply makes it very clear that the case of the petitioner though he was senior to respondent No.3 was not at all considered by the --- 4 --- Departmental Promotion Committee which met on 23/10/2007. Resultantly, this Court is of the considered opinion that the case of the petitioner has to be considered by the review Departmental Promotion Committee. Merely because the petitioner has later on submitted an application for voluntary retirement and the same has also been accepted vide order dt. 1/11/2010, it does not mean that the petitioner is not entitled for consideration for promotion by a review Departmental Promotion Committee as his case was ignored by the Departmental Promotion Committee on account of non availability of documents. Resultantly, the writ petition is allowed. Respondents are directed to hold a review Departmental Promotion Committee in respect of Departmental Promotion Committee which met on 23/10/2007 and to consider the case of the petitioner for promotion to the post of Principal, ITI. The aforesaid exercise of holding a review Departmental Promotion Committee be concluded within a period of 3 months from the date of receipt of certified copy --- 5 --- of this order. It is needless tomention that in case the petitioner is found fit for promotion to the next higher post of Principal, he will be entitled for seniority and other consequential benefits including backwages. In case the petitioner is found fit, the aforesaid exercise of passing appropriate order and granting all consequential benefits including arrears of salary be concluded within a period of 6 months from the date of receipt of certified copy of this order. With the aforesaid, this writ petition stands allowed. No order as to costs. (S. C. SHARMA) J U D G E KR