SK TIWARI Vs. CHIEF EXECUITIVE OFFICER

JUDGEMENT

(1.) PETITIONERS are six amongst eighteen employees of Zilla Parishad, bhandara, who were working as Attendants in various Departments of Zilla Parishad, and were promoted as Junior Assistants by order dated 21st December, 1990.

(2.) PRESENT respondent Nos. 3 and 4 preferred appeal before the Divisional Commissioner, Nagpur, against the order promoting sixteen persons. The appeal was admitted, and finally decided by Order dated 30th september, 1992, and was allowed. The Divisional commissioner held that the promotion order was issued by Chief Executive Officer, Zilla parishad, Bhandara, in violation of rules and procedure prescribed. He directed that based on the consolidated Seniority List of Class-IV employees of Zilla parishad, the promotions be given as per seniority and qualification laid down by rules and the procedure prescribed by Government. The promotions be given by assigning retrospective effect, but no employee shall be entitled to receive any amount by way of arrears. He also directed that while filling eighteen Clerical posts, it should be noted that only 25 per cent posts shall be filled by promotion and for remaining vacancies, the selection Board will have to be contacted.

(3.) THIS order is under challenge in this petition.