SHIVAJI TULSHIRAM PATIL Vs. VITHAL VISDHWANATH BODE

JUDGEMENT

(1.) THE Petitioner has impugned order dated 6th November, 1999 passed by the Additional Commissioner and Regional Director of Municipal Administration, Pune Division, Pune (Respondent No.13) allowing Revision Application Nos.7 of 1997 and 8 of 1997, setting aside decision of the Committee of Municipal Council of Barshi in respect of promotions to the post of Senior Clerk and directing an action to be taken in accordance with the Rules and established norms.

(2.) BRIEFLY stated the relevant facts are that the Petitioner and Respondents 1 to 11 are employees of Barshi Municipal Council, Barshi, District Solapur (hereinafter to be referred as the Municipal Council). In this Municipal Council previously qualification for recruitment to the post of Junior Clerk was S.S.C. The Municipal Council recognises two departmental examinations namely Local Self Government Diploma (L.G.S.D. for short) and Local Government Service Diploma (L.G.S.D. for short). For appearing at the L.G.S.D. Examination requisite qualification is Graduate with two years of Supervisory experience or L.S.G.D.

(3.) BEING aggrieved by the order of Respondent No.13, Respondent No.3 filed Writ Petition No.1933 of 1993 challenging this order dated 23rd March, 1993. Two other Petitions being Writ Petition No.7677 of 1996 by Respondent No.10 and Writ Petition No.1088 of 1996 by Respondent No.1 came to be filed. These petitions were disposed of by a common order on 1st July, 1996 with a direction that a Committee be set up for the promotion and the process be completed within four months from the date of the order. A Committee was accordingly constituted under the Chairmanship of Chief Officer of the Municipal Council. The Committee adopted criteria of passing LSGD evolved by resolution No.1047 dated 5th October, 1981 adding a condition of holding a degree for being eligible for the promotion. This was in contravention of the Rule which required that the promotions were to be given only on the basis of seniority-cum-merit. The Committee then proceeded to consider service record of the eligible candidates and prepared a report. This report was submitted to the Standing Committee of the Municipal Council on 25th March, 1997. The Standing Committee accepted this report and approved promotion of Respondent Nos.3 to 11, the Petitioner, Shri C.A. Satarkar and one Shri S.B. Kamble. Promoted employees were posted to posts having different nomenclature such as Assistant Head Clerk, Chief Store Keeper, Asstt. Accountant etc.