DINESH KUMAR KAUSHIK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.C. Rai for petitioner, learned Standing Counsel for respondents 1 and 2 and Sri R.P. Srivastava for respondent No. 3 and perused the record. Sri Rai has basically assailed the validity of 20th Amendment of U.P. Palika Services (Centralized) Services Rules, 1966 (hereinafter referred to as "Rules, 1966") and contended that the same is ultra vires of Section 300 and 300A of U.P. Municipalities Act, 1916 (hereinafter referred to as "Act, 1916") read with Section 23 of General Clauses Act, 1904 (hereinafter referred to as "Act, 1904"). He has also assailed the orders dated 5.9.2011 and 12.10.2009 (Annexures 13 and 15 to writ petition) whereby Director, Local Bodies has declined to accept the claim of petitioner for promotion on the post of Executive Officer being inconsistent with the existing Rules. Lastly he has sought a mandamus directing respondents not to proceed ahead with recruitment process initiated through U.P. Public Service Commission (hereinafter referred to as "UPPSC") pursuant to requisition dated 12.7.2007 and 28.9.2008 on the post of Executive Officer, Nagar Panchayat through direct recruitment.

(2.) Facts in brief giving rise to the present dispute are as under.

(3.) Petitioner was appointed as Clerk on 5.7.1988 in Town Area, Dasna, District Ghaziabad. It is not in dispute it was a Local Body constituted under U.P. Town Areas Act, 1914 (hereinafter referred to as "Act, 1914"). Petitioner claims that a Class III employee of Town Area was entitled to be considered for promotion to the post of Executive Officer for which Rules provided 50 per cent recruitment by promotion which has been amended now in a manner that now petitioner is excluded from the field of eligibility and zone of consideration in a wholly illegal manner, and, particularly when the amendment has not been made in accordance with the procedure prescribed in law. He further contended that the aforesaid Amendment is ultra vires and cannot affect the vested rights of petitioner to be considered for promotion to the post of Executive Officer.