BALRAM NAYAK Vs. JANPAD PANCHAYAT ISAGARH AND ORS.

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of Letters Patent Appeal No. 9/99. Both appeals arise out of common order passed in Writ Petition No. 530/1996 decided on 16/12/1998.

(2.) RESPONDENT No. 2 Sunil Singh Vaishya (Petitioner before the writ Court) had filed a writ petition before the single Bench claiming himself to be senior to Appellant Balram Nayak and Appellant Balram Nayak being junior to him on the post of lower division clerk has wrongly been promoted as upper division clerk ignoring his right of promotion. Another appeal(L.P.A. No. 9/99) has been filed by Janpad Panchayat, Isagarh challenging the order passed by the single Bench in W.P. No. 530/1996. Brief facts of the case are that Sunil Singh Vaishya was appointed as lower division clerk vide order dated 22/2/1990 at Janpad Panchayat, Chachoda whereas Balram Nayak was appointed as lower division clerk vide order dated 25/3/1992 at janpad Panchayat, Isagarh. Petitioner in the writ petition was transferred from Janpad Panchayat, Chachoda to Janpad Panchayat, Isagarh on his request. He claimed that after he was posted at Chachoda he was senior to Balram Nayak and he had right of promotion to the post of upper division clerk. Post of upper division clerk had fallen vacant at Janpad Panchayat, Isagarh. Single Bench allowed the petition holding therein that since Petitioner was appointed earlier his claim for promotion could not be ignored as he was senior to Balram Nayak; after his transfer from Janpad Panchayat, Chachoda to Janpad Panchayat, Isagarh, he became employee of Janpad Panchayat, Isagarh, and he had acquired seniority above Appellant Balram Nayak. Counsel for the Appellant submitted that though it is permissible to transfer employees from one Janpad Panchayat to another but their seniority is retained at their respective Janpad Panchayat in which employees are posted. Seniority of the Petitioner in writ petition is maintained at Janpad Panchayat Chachoda and as and when vacancy of upper division clerk will arise, Petitioner if eligible shall be considered for promotion. Petitioner cannot claim promotion at Janpad Panchayat, Isagarh. Since the Petitioner is an employee of Janpad Panchayat, Chachoda, so long as his services are not absorbed by Janpad Panchayat, Isagarh he has no right to claim promotion on the post of upper division clerk at Isagarh.

(3.) COUNSEL for the Respondent Sunil Singh Vaishya submitted that though he was transferred on his own request, and he was senior to Appellant Balram Nayak at Janpad Panchayat. Isagarh, therefore he has right of promotion. Counsel for the appellant Janpad Panchayat submitted that the Petitioner in the writ petition is not a recruitee of the Janpad Panchayat, Isagarh; he was recruited at Janpad Panchayat, Chachoda. Lien of the Petitioner is with Janpad Panchayat, Chachoda and his case cannot be considered for the vacancy occurred at Janpad Panchayat, Isagarh. It is not in dispute that Petitioner in the writ petition was appointed at Janpad Panchayat, Chachoda and later on on his request he was transferred to Janpad Panchayat, Isagarh. Petitioner's services were not absorbed in Janpad Panchayat, Isagarh and he continued to remain an employee of Janpad Panchayat Chachoda.