JAI PRAKASH KESWANI Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the order dated 15.12.2000 (Annexure P -18) whereby respondent No.4 has been absorbed on the post of Additional Commissioner in the Municipal Corporation, Bhopal, (in short "the Corporation"), the petitioner has knocked the door of this Court by filing this petition under Article 226 of the Constitution of India.

(2.) IN brief the case of petitioner is that he was appointed on the post of Hindi Stenographer temporarily vide order dated 18.9.1971 by the Commissioner, Municipal Corporation, Bhopal. In accordance with the Standing Order No. 1(8)/1980, Municipal Corporation, Bhopal, effected an alteration in the name of post by altering it to Assistant Commissioner and PA to Commissioner. Copy of said Standing Order dated 14.3.1980 has been placed on record as Annexure P -10. Thereafter, the said alteration was cancelled on 15.3.1980 and again restored vide Standing Order No. 26/91, Annexure P -11 and P -12 respectively. Thereafter, as per the case of petitioner, the Corporation, vide Standing Order No. 3(1)/92, further altered the name of post of Assistant Commissioner as per Annexure P -13. Accordingly, the seniority list of Assistant Commissioners came to' be published wherein name of the petitioner is reflected at Serial No.1 (Annexure P -14). Thereafter, Corporation, after obtaining necessary approval from the State Government, promoted the petitioner to the post of Deputy Commissioner and in the order it was mentioned that the seniority of the petitioner on the said post would be at Serial No.1 A copy of the order dated 16.3.2000 has been placed on record as Annexure P -15.

(3.) ACCORDING to the petitioner, since he is senior most, so far as post of Assistant Commissioner is concerned, as also to the post of Deputy Commissioner as reflected vide Annexure P -15, he is entitled for promotion to the post of Additional Commissioner since feeder cadre is Deputy Commissioner. In this regard, standing order l6(1)/1991 dated 1.6.1991 has been filed as Annexure P -17.