HALDHAR PRASAD Vs. GIRIDIH MUNICIPALITY

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing annexure 2, resolution dt. 29-3-1982 of respondent No. 1 by which respondent 5 said to be junior to the petitioner has been promoted to the post of Lower Division Clerk (L.D.C. for short) with effect from 1-4-1982.

(2.) Petitioner, a matriculate, was appointed as tax collector by respondent 1 and he joined on 10-12-1967. Respondent 5, a matriculate, was appointed as a conservancy assistant by respondent 1 and he joined on 2-3-1973.

(3.) According to the petitioner the tax department and the conservancy department are two separate departments in the Giridith Municipality and the posts of L.D.C. and upwards in the ministerial cadre are filled up by promoting the employees of the tax department. If for some reason, it is not found possible to do so, the vacant posts are filled up by promoting the senior most employees of other departments and if no such person is found to be eligible, outsiders are appointed. On the superannuation of the then headclerk, a vancancy arose and consequently vacancy of L.D.C. also in the event the person then holding the post of L.D.C. was promoted to next higher post. The respondent municipality decided to fill up the post by promotion from amongst its employees. All the employees, including the petitioner and respondent 5 applied. Respondent 1 without considering the case of the petitioner, who was senior to respondent 5 promoted the later to the post of L.D.C. Respondent 1 while superseding the petitioner did not comply with R.5 of the Model Rules (the Rules for short), which in absence of any rule framed by respondent 1, govern the service conditions of its employees. R.5 reads as follows : "Promotion of an officer or servant of the Commissioners to a higher post shall ordinarily be made according to seniority and no officer or servant of the Commissioners shall be passed over unless, for reasons to be recorded in writing, the Commissioners at a meeting consider him to be unfit for promotion."