UDHAV RAM SAHU Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) FWITH the consent of learned Counsel appearing for the parties, the petition is heard finally.

(2.) BY this petition, the Petitioner seeks a direction to consider the case of the Petitioner for promotion to the post of Water Works Inspector in Water Resources Department of the Respondent-Municipal Corporation, Durg (for short "the Respondent-Corporation") from the date the Respondent No. 2 was promoted i.e. w.e.f. 4-6-1996 with consequential benefits.

(3.) SHRI Agrawal, learned Counsel appearing for the Petitioner, would submit that the Petitioner was appointed on 7-8-1987 on the pay scale 515-10-575-15-840 whereas the Respondent No. 2 was subsequently appointed on 10-6-1989 (Annexure -P/3) on compassionate ground for a period of two years probation. Thus, the Petitioner, being senior as Time Keeper, is entitled to be considered and promoted to the post of Water Works Inspector, but the Respondent-Corporation ignoring the case of the Petitioner for promotion to the post of Water Works Inspector promoted the Respondent No. 2 to the said post. The said act of the Respondent-Corporation is illegal, arbitrary and unreasonable.