MCD Vs. SUDHIR KUMAR

JUDGEMENT

(1.) In this intra-Court appeal, the challenge is to the order dated 30th May, 2002 passed by the learned Single Judge in CWP No. 3380/1999.

(2.) The facts which are essential to be exposited for adjudication of this appeal are that the Respondent as writ Petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India claiming, inter alia, that though he was senior to two other persons, namely, Mr. Raghubeer and Mr. Rajbeer working as Assistant Malaria /DDT Beldars which is the feeder cadre post for the post of Assistant Malaria Inspector and who were considered for promotion and conferred the benefit of promotion, yet the similar benefit was not extended to him.

(3.) The learned Single Judge called for the records, scrutinised them and came to hold that Mr. Raghubeer and Mr. Rajbeer were junior to the writ Petitioner. Being of this view, the learned Single Judge directed as follows: