RAM CHARAN RAM Vs. MARKANDEY MARYA

JUDGEMENT

(1.) Heard counsel for the parties and perused the record. Markandey Maurya, respondent in this special appeal, had filed Writ Petition No. 34209 of 2005, challenging the validity and correctness of the order order dated 20.11.1998 promoting him on the post of Munshi and order dated 15.4.2005 cancelling his promotion on the post of Head Munshi and promoting the present appellant Ram Chandra Ram in his place.

(2.) The case of Markandey Maurya in the writ petition was that there is no channel of promotion from the post of Meth to the post of Munshi, therefore, the order dated 20.11.1998 promoting appellant Ram Chandra Ram, who was not a confirmed employee, was illegal as he was not eligible for promotion on the post of Munshi.

(3.) After considering Rules 5, 12 and 13 of the Irrigation Department Munshis Service Rules, 1954 (hereinafter referred to as the Rules), learned Single Judge allowed the aforesaid writ petition vide judgment and order dated 12.11.2007 quashing the impugned orders. The reasoning given by the learned Single Judge in the impugned judgment dated 12.11.2007, reads thus :