VIRENDRA Vs. SECRETARY

JUDGEMENT

(1.) With consent, heard finally. The present petition has been preferred by the petitioner under Article 226 of Constitution of India seeking following reliefs :-

(2.) Precisely stated, facts of the case are that petitioner was appointed on 12/2/1986 on the post of Cashier (Assistant Grade-III) in office of Municipality, Raisen (respondent No.6 herein). Respondent No.8 (private respondent) was appointed on 12/9/1995 on the post of (Assistant Grade-III). In April 2000, service of petitioner was attached with the office of District Urban Development Authority (Project), Raisen (respondent No.4 & 7 herein) with the consent of Municipality, Raisen. In the seniority list of Assistant Grade-III, which was prepared by respondent No.6, name of the petitioner stands on top of the list at serial No.1 and the name of respondent No.8 stands at serial No.2 as per seniority.

(3.) On 29/10/2007, President-in-Council passed a resolution for filling up the vacant post of Head Clerk/Head Accountant through promotion from the post of Assistant Grade-III. District Selection Committee was constituted with three members at the helm. Deputy Director, Urban Administration, Bhopal Division (respondent No.3 herein) was the Chairman of the Committee. On 11/4/2008, Selection Committee selected respondent No.8 for promotion on the post of Head Clerk/Head Accountant in place of petitioner as per Rule 12 of the M. P. Municipal Employees Recruitment and Service Conduct Rules, 1968 [hereinafter referred to as "Rules of 1968" for brevity] and as per Rule 3 of the M. P. Municipal Services (Scale of Pay and Allowances) Rules, 1967 [hereinafter referred to as "Rules of 1967" for brevity].