A. MARUDUPANDIAN Vs. ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) THIS writ application had been preferred, inter alia, praying for setting aside the order of promotion of the respondent No.5 to the post of Organizer under the Port Blair Municipal Council (hereinafter referred to as the said Council) and for modification of the Recruitment Rules for the post of Organizer under the said Council.

(2.) THE facts, in a nutshell, are that the petitioner was initially appointed to the post of Cattle Pound Keeper under the said Council on 28th December, 1992 and subsequently, in the year 1998, the petitioner was placed in the post of Tax Collector along with the private respondent No.5. On 26th February, 2011 the respondent No. 1 published a notification in the newspaper inviting suggestions/ objections to the Andaman & Nicobar Islands (Port Blair Municipal Council) Recruitment Rules 2011 (hereinafter referred to as the said Recruitment Rules) towards appointment to the posts incorporated in the schedule thereunder including the post of Organizer. Subsequent thereto, the respondent No. 4 issued a memorandum dated 23rd March, 2011 incorporating thereunder the amendment / modification of the said Recruitment Rules proposed by the said Council for the post of Organizer and the other posts. The said Recruitment Rules were finalized and notified vide memorandum dated 22nd September, 2011. Thereafter in terms of the said Recruitment Rules steps were taken for filling up of the post of Organizer under the said Council and vide memorandum dated 4th October, 2012 the respondent No.5 was promoted to the post of Organizer.

(3.) MR . Singh also draws attention of this court to the resolution dated 6th July, 2012 of the said Council wherein a member of the said Council alleged that the Chairperson and Councillor of the said Council as well as the Administration had been misled towards framing of the said Recruitment Rules.