VIMLESH LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution is directed against the impugned order dtd. 24/5/2023 passed by the District Magistrate, Sonbhadra, setting aside the promotion granted to the petitioner by the Chairman, Nagar Palika Parishad, Sonbhadra to the post of a water works supervisor from the position of a pump attendant.

(2.) In consequence of the impugned order passed by the District Magistrate, the petitioner stands reverted to the post of a pump attendant. The petitioner was appointed a pump attendant vide order dtd. 29/11/2007 by the Executive Officer, Nagar Palika Parishad, Sonbhadra. He joined service on 4/12/2007. The petitioner was selected for the post of a pump attendant, a Group-D post vide Government Order No. (para no.4) dtd. 17/10/2007 after facing a duly constituted selection committee for the purpose. According to the petitioner, he is duly qualified for the post of a water works supervisor, a ClassIII (Group-C) post. He has earned his Intermediate Certificate from the U.P. Board of High School and Intermediate Education and a Trade Certificate of Fitter from the I.T.I. He has apprenticed at the Thermal Training Institute, UPRVUNL, Obra, District Sonbhadra. The petitioner has been discharging his duties sincerely, honestly and with all competence at his command. Respondent No.5, on the other hand, was appointed a daily-wager on the Class-IV post of a pump attendant with the Nagar Palika Parishad, Sonbhadra on 1/1/1989. He has been regularized in service on 9/12/2014. The fifth respondent has completed his Junior High School in the year 1983 and holds a I.T.I. Trade Certificate. The fifth respondent also claims to have passed the Prathama Examination in 1997 from the Hindi Sahitya Sammelan, Allahabad (now Prayagraj).

(3.) It is the petitioner's case that the Director, Local Bodies, U.P. has issued an order dtd. 6/12/1980, where the minimum educational qualifications prescribed for a water works supervisor is intermediate. The post of a water works supervisor was vacant since long in the establishment of the respondent, Nagar Palika Parishad. The petitioner, qualified for the post, moved an application seeking consideration of his candidature by way of promotion. The matter was referred for guidance by the Executive Officer, Nagar Palika Parishad, Sonbhadra to the Deputy Director, Local Fund Account Department, U.P., Vindhyachal Division, Mirzapur. This reference for guidance appears to have been made vide memo dtd. 4/9/2020. In response, the Deputy Director, Local Fund Account Department, Mirzapur, responded vide his memo of 30/9/2020, wherein he suggested that the following proceedings can be taken: