SHANKAR Vs. MUKHYA NAGAR ADHIKARI NAGAR NIGAM VARANASI

JUDGEMENT

(1.) B. S. Chauhan, J. The instant writ petition has been filed by the petitioners claiming promotion on the posts of Sanitary Supervisor. According to the petitioners they were acquainted as Assistant Sanitary Inspectors long time back and the main reliefs sought in the writ petition read as under: (1 ). Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to promote the petitioners over the post of Safai Nayak (Sanitary Supervisor ). (2 ). Issue a writ, order or direction in the nature of mandamus commanding the respondents not to disturb the petitioners to work on the post of Sahayak Safai Nayak till their promotion to the post of Safai Nayak.

(2.) THE writ petition was filed on 28-2-1995. and this Court issued notice to the respondents and directed them to file the counter affidavit to the writ petition. Again on 1-9-95 this Court passed the following order: "shri N. Mishra, learned counsel appearing for the respondents was granted time to file counter affidavit on 28-2-1995. No counter af fidavit has been filed. THE petitioners have filed a writ of mandamus commanding the respondent No. 2 to promote the petitioners to the post of Safai Nayak (Sanitary Supervisor ). It is question of fact as to whether the petitioners are entitled, according to seniority and qualification, to be ap pointed on the said post. THE petitioners may represent their case alongwith Government Order before the respondent No. 1. In case the petitioners make any representation, as stated above, the respondent No. 1 is directed to decide the same by means of speaking order within a period of two months from the date of production of certified copy of this order before him. "

(3.) THE petitioner No. 2 had filed suit No. 866/1988 before the Civil Court, Varanasi with the same prayer and the said suit was ex-parte decreed on 17-4-93. How ever, in execution of the said decree the accounts of the respondents-Nagar Nigam was attached. When the Nagar Nigam ap plied for the vacation of that order, the Civil Court passed an order on 2-2-94 to the effect that the said ex-parte decree and the order of attachment shall be recalled only if the respondents promote the petitioner No. 2 on the post of Sanitary Supervisor by com pleting all the formalities within 15 days of the said order. THE learned III Additional Muhsif, Varanasi asked the respondents to give an undertaking in the Court to that effect. THE said order dated 2-02-94 has been placed on record by the petitioner No. 2 himself.