AJOY KUMAR AMBASTHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are two petitioners in this application who seek to challenge an office order dated 21 -5 -1992 issued by the Special Officer, Munger Municipal Corporation, Munger. By the impugned order (Annexure -1) the petitioners were denied promotion on the ground that, their initial appointment was made on compassionate grounds and in terms of circular No. 13293 dated 5 -10 -1991 issued by the Government, no promotions were allowed to such employees.

(2.) IT is not in dispute that both the petitioners were appointed on compassionate grounds following the death of their respective fathers while in service. Petitioner No. 1 was appointed as Khalasi and petitioner No.2 was appointed on the post of Jamadar. Under the Rules for Regulating the Appointment and Qualifications for the Officers and Services of Municipalities, framed by the State Government under Clause (a) of sub -section (1) of Section 42 of the Bihar & Orissa Municipal Act 1922, the posts of Jamadar and Khalasi belong to inferior service of the Municipal Corporation.

(3.) SEPARATE counter affidavits have been filed in this case on behalf of respondent No. 1 and respondent No.4 the private respondent who was given promotion from the inferior service to the post of Lower Division Clerk.