BACHITTAR SINGH GULERIA Vs. CHAIRMAN, ZILA PARISHAD

JUDGEMENT

(1.) THE petitioner has approached this Court under Article 226 of the Constitution of India with the prayer that the respondents be directed to determine the service conditions of the petitioner and other employees similarly situated for framing Recruitment and Promotion Rules; a writ of mandamus directing respondent No. 1 to promote the petitioner to the next higher post of Statistical Assistant with effect from 1995 when he had completed 10 years of service and which according to the Board Management of respondent No. 1, was the minimum experience required; prohibiting the respondents from filling up the post of Statistical Assistants from any other source, by deputation etc.

(2.) THE petitioner approached this Court on the allegations that he had been working for the last 15 years with respondent No. 1 as Junior Assistant and has not been given any promotion till the date of filing the writ petition. The grievance of the petitioner is that the respondents have not framed any Recruitment and Promotion Rules for direct recruitment which resulted in this category of employees being discriminated against and consequent stagnation. Employees who are being sent to respondent No. 1 from the Rural Integrated Development Department of the State on deputation / secondment basis were being promoted as the Rules applicable for their service conditions in their parent department were applied for promoting them. The allegation of the petitioner further is that the funding of the District Rural Development Agency is shared 50% by the Union and 50% by the State Government.

(3.) IN his absence, the petitioner was asked to discharge the duties of Statistical Assistant from 1989. The petitioner represented to the respondents praying that since he was working against a vacancy of Statistical Assistant and having attained the minimum requisite experience, he be promoted to that post. The further case of the petitioner is that in the year 1996, respondent No. 1 submitted a proposal that since the post of Statistical Assistant was lying vacant since the year 1989, it should be filled in. Recommendation was also made that since the petitioner had completed 12 years service, he should be promoted with effect from April 1995 and paid the same salary as admissible to Statistical Assistant. This proposal, according to the petitioner, was contained in File No. IRD 22/96.