SMT. G. MALLIKA Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) 1. In a writ petition, which was registered as W.P. No. 63 of 1995 and which was filed by the writ petitioner/appellant herein, this court passed an order on 18th Sept., 1998. The operative portion thereof is as follows:

(2.) This order was permitted to reach finality as no appeal was taken against same. In that view of the matter on 18th Sept., 1998, the petitioner in W.P. No. 63 of 1995 and the appellant herein became entitled to be considered for being absorbed in the post of LGC and if she does not have qualifications to adorn the said post to be considered in any other suitable post commensurate with her qualifications. In terms of the said order dated 18th Sept., 1998 the case of the appellant was considered on 14th Dec., 1998 on the basis of the 1998 Rules made pursuant to the draft rules prepared in 1991, when it was held that the appellant does not have the requisite qualifications for being appointed or absorbed in the post of LGC, but she having necessary qualifications to be appointed in some other post, she has been appointed in such other post. There is no dispute that the post in which the petitioner has been absorbed or appointed in lower post than the post of LGC. The ground upon which the petitioner was denied the post of LGC was principally she is a Matriculate and not 10+2 and that she does not have the necessary experience for being promoted. In this connection reliance had been placed on the Rules said to have been made on 24th June, 1998.

(3.) There appears to be no dispute that the Rule, which was claimed to have been made on 24th June, 1998, is based on the Draft Rule prepared in 1991.