LAWS(UTN)-2008-4-21

BHABHUTI RAM Vs. STATE OF UTTARANCHAL

Decided On April 29, 2008
Bhabhuti Ram Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) BY means of this petition the petitioner has sought writ of certiorari to quash the promotions of respondent Nos. 6 to 10 by way of the order passed by the respondent No. 4 on 30.11.2000 and further issue writ of mandamus commanding the respondents again to make the promotions according to law.

(2.) THE grievance of the petitioners is that they have been working as Safai Karmchari in Nagar Palika Parishad, Haridwar since long. The persons junior to the petitioners have been promoted as Safai havildar by respondents violating the seniority of the petitioners and principle of natural justice. They also alleged that the Executive Officer, Nagar Palika Parishad Haridwar admitted the illegality committed in the promotions as mentioned in the letter dated 16.01.2002, contained in Annexure no. 5 to the writ petition.

(3.) IN view of the assertions made in the writ petition, it is provided that the District Magistrate, Haridwar shall take a decision in the light of the recommendation made by the Executive Officer, Nagar Palika Parishad, Hardwar as mentioned in his letter dated 16.01.2002, contained in Annexure No. 5 to the writ petition, within a period of one month from the date of production of certified copy of this order. If the recommendation of the Executive Officer is accepted, then the promotions shall be strictly made in accordance with law.