MAHESH KUMAR AGAL versus DIRECTOR GENERAL OF POLICE AND ANR. on 15 December 1995

MAHESH KUMAR AGAL v. DIRECTOR GENERAL OF POLICE AND ANR.

A

DECEMBER 15, 1995

[K. RAMASWAMY AND B.L. HANSARIA, JJ.]

B

Service Law :

Seniority-Held, where condition for promotion is passing the Hindi test, promotion and seniority to be given effect from the date of passing the C said test.

The appellant filed the appeal against the judgment of the Madhya Pradesh Administrative Tribunal rejecting his claim of seniority.

Dismissing the appeal, this Court

D

HELD : Passing the Hindi test being a condition for promotion, the appellant was rightly given promotion and his seniority was rightly fixed with effect from the date he passed the test. (795-G]

CNIL APPELIA TE JURISDICTION : Ciw Appeal No. 12094 of 1995. . E From the Judgment and Order dated 24.3.92 of the Madhya Pradesh Administrative Tribunal in Bhopal in 0.A. Nos. 196 of 1990.

C.L. Sahu for the Appellant.

Amitabh Verma aod S.K. Agnihotri for the Respondents.

F

The following Order of the Court was delivered :

Leave granted.

Passing the Hindi test is a condition for promotion and since the appellant had passed the lest on September 20, 1981, he was given promo- G tion and seniority was fixed with effect from the passing of the said test. Under these·circumstances, we do not find aoy illegality in the order passed hy the Tribunal warranting interference.

The appeal is accordingly dismissed.

R.P.