Appellant was initially appointed as a daily wager in the Forest Department before 1990 and his service was regularized on the post of Lower Division Clerk LDC w.e.f.
Admittedly, the appellant passed the said shorthand and typing exam only in the year 2000 and number prior to that.
Writ Appeal preferred by the appellant also came to be dismissed.
Aggrieved by the cancellation of his promotion, appellant filed a Writ Petition No.420 of 2003 challenging the order of cancellation and reversion from the post of Stenographer to the post of Steno typist.
Vide Order No.
Stha./47 dated 12.04.2002, the Conservator of Forest, Shivpuri Circle directed the absorption of the appellant on the post of Steno typist and special salary of Rs.125/ was sanctioned to him for doing the work of Steno typist.
Prash.
As per the eligibility criteria prescribed by the Government in letter dated 23.02.1989, the appellant will further become eligible for promotion on the post of Stenographer only in the year 2007 that is on companypletion of period of five years after he was absorbed on the post of Steno typist by the said order dated 12.04.2002.
The writ petition was dismissed by the Single Judge of the High Court vide order dated 21.04.2006 observing that the appellant was number holding the minimum eligibility criteria for the promotion to the post of Stenographer and therefore his order of promotion was rightly cancelled.
We have heard the submission of the learned companynsel for the parties at companysiderable length and perused the material on record.
As numbericed earlier, the appellant was absorbed on the post of Steno typist by an order dated 12.04.2002.
C 3 7/09/3/49 dated 23.02.1989 prescribed the criterion for promotion to the post of Stenographer by departmental examination, as five years experience as a Steno typist and passing of exam of Shorthand and Typing from Madhya Pradesh Stenography Typing Council or from any recognized institution with a speed of hundred words per minute.
State Governments letter No.
Stha/32 dated 22.01.2003, the appellant was promoted to the post of Stenographer in the pay scale of Rs.4500 125 7000.
Araj Stha Fa 2/1169 dated 22.09.2003 cancelling the appointment of appellant on the post of Stenographer holding that promotion was granted to the appellant by ignoring the companydition of companypleting five years of service as Steno typist.
The appellant assails the companyrectness of the dismissal of his writ petition and also the writ appeal in these appeals.
BANUMATHI, J. Challenge in these appeals is the judgment dated 20.05.2006 and 21.04.2006 passed by High Court of Madhya Pradesh at Gwalior dismissing the Writ Appeal No.24 of 2006 and also the Writ Petition No.420 of 2003, thereby upholding the cancellation of departmental promotion of the appellant observing that the appellant has number worked on the post of Steno typist companytinuously for a period of five years before departmental promotion and thus does number possess the eligibility criteria for promotion as a Stenographer.
