MUNNALAL BAILLAIYA Vs. MUNICIPAL CORPORATION, KATNI

JUDGEMENT

(1.) Petitioner, who at the relevant time was working in Municipal Corporation, Katni as a Sub-Overseer, has filed this writ petition challenging the order-dated 29.4.1998 Annexure A/46, by which respondent No.4 has been promoted on the post of Zonal Officer in the then existing pay scale of 'Rs. 1640-2900/-. Challenge is also made to an order-dated 10.1.1997 Annexure A/32, by which petitioner's promotion initially ordered on 28.5.1987, on the post of Sub-Overseer, is annulled.

(2.) Petitioner claims to be a person having passed the Higher Secondary School Certificate Examination and possessing License of Electrical Wireman, in both industrial and domestic category, so also a Diploma in Local Self-Government. Between the period 17.6.1974 to 31.12.1975, petitioner was appointed on a fixed salary in the Water Works Department of the erstwhile Municipal Council, Mudwara. Subsequently, with effect from 1.1.1976, he was substantively appointed as an Electrical Mistry in the Water Works Department of the same Municipal Council, Mudwara. Annexure A/1 is the copy of the said order. Municipal Council, Mudwara was subsequently merged and Municipal Corporation, Katni was created and petitioner's services were taken over by the newly constituted Municipal Corporation. It seems that various correspondences took place and looking to the seniority of the petitioner and based on his work experience, vide order-dated 28.5.1987 Annexure A/11, petitioner was promoted on the post of Sub-Overseer.

(3.) Respondent No.4 Shri Vishnu Prasad Sahu was appointed as an Electrical Mistry like the petitioner in the year 1982. After the petitioner was promoted as Sub-Overseer on 28.5.1987 and while petitioner was so working as Sub-Overseer (Electrical), respondent No.4 was made an Officiating Supervisor on 3.1.1992.