LAKSHMAN PRASAD Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE respondent has filed return in which the respondent has not disputed that the petitioner was at serial No. 42 of the gradation list Annexure -P/2. The stand of the respondent is that the petitioner had never disclosed that he was a member of Scheduled Tribe and he was, therefore, considered in the general category and since the zone of consideration did not extend till the serial number of the petitioner in the Gradation List, the petitioner was not promoted. It has further been pointed out by the respondent that by the time the matter was referred to the Collector who informed that the petitioner was of Manjhi caste and, therefore, a member of scheduled tribe, the State Government has put a ban on appointments/promotions and, therefore, the matter could not be considered.

(2.) THE short question that arises for consideration in the present case is as to whether the petitioner was unlawfully deprived of the promotion by the respondent Corporation. In the list Annexure P/2, in remark column in the case of the candidate at Serial No. 9 it has been specifically mentioned that he belongs to Schedule Caste but against the name of the petitioner there is no remark to indicate that he was a member of a Scheduled Tribe. Therefore, in the absence of cogent material to indicate that the respondent had knowledge about the caste of the petitioner and that he was a member of Scheduled Tribe, there is no reason to disbelieve that in good faith the petitioner was considered as a candidate of general cagetory and since as a candidate of general category he was not entitled to be promoted, he was not promoted. Six posts have been carried forward for a period of one year by Annexure -P/3 dated 4.10.2000. Nothing has been brought on record to show what is the vacancy position of the post as on date. The petition is, therefore, disposed of with direction to the respondent to consider the case of the petitioner for promotion immediately when a post becomes available and the ban is lifted provided the petitioner is not otherwise disentitled.