MITHLESH GIRI GOSWAMI Vs. STATE OF M.P.

JUDGEMENT

(1.) The only grievance of the petitioner in this writ petition is against the order dated 11.7.2011 said to be issued cancelling the promotion of the petitioner on the post of Revenue Sub Inspector. It is contended that the petitioner was initially appointed in the Nagar Panchayat Palera, District Tikamgarh, and was working on the substantive post of Assistant Revenue Inspector. One other person was working as Revenue Sub Inspector in the said Nagar Panchayat on his promotion on the said post vide order dated 18.10.1995. Said Shri Deendayal Goswami was transferred from the Nagar Panchayat Palera to some other Municipal Council where he was posted as Incharge Chief Municipal Officer. Since the post of Revenue Sub Inspector was lying vacant, a resolution was passed by the President in Council of Nagar Panchayat Palera and the matter was referred for making promotion against the said post.

(2.) This Court has entertained the writ petition and has granted an interim protection to the petitioner. Upon service of the notice of the writ petition, the official respondents have filed their return and have contended that on a report submitted by the Deputy Director Urban Administration and Development, Sagar Division, Sagar, it was found that the promotion of the petitioner was de hors the circular of the State Government dated 9.6.1999.

(3.) By filing a rejoinder, the petitioner has pointed out that circular issued by the State Government on 9.6.1999 does not contain any condition that even the vacancies, which occurred on account of transfer of a Municipal employee from one Municipal Council to another, cannot be filled in by promotion of any other employee of the very same Municipal Council. It is contended that the circular has been misread by the respondents and a valid order of promotion of the petitioner is illegally interfered with only because of political interference. This being so, it is contended that the order impugned is still bad in law and is liable to be quashed.