HEERA LAL KHICHHI Vs. DIRECTOR, LOCAL SELF

JUDGEMENT

(1.) The petitioner, a Class-IV employee with the respondent- Municipal Corporation, by way of this petition for writ is claiming promotion as per Rajasthan Municipalities (Subordinate & Ministerial Service) Rules, 1963 (hereinafter referred to as 'the Rules of 1963'). In the alternative, prayer for grant of selection grades on completion of 9, 18 and 27 years of service is also made.

(2.) As per the petitioner, under the Rules of 1963 he is having avenue for promotion to the post of Lower Division Clerk, but the respondents have not accorded that. It is also submitted that in the event of non-availability of adequate number of posts, the respondent-Corporation should have accorded first selection grade to the petitioner i.e. the pay-scale pertaining to the post of Lower Division Clerk and thereafter second and third selection grades relating to the post of Upper Division Clerk and Office Assistant respectively.

(3.) A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner, though, is working with the Municipal Corporation as a Class-IV employee but he is not eligible to be considered for promotion, being lacking the requisite qualification. It is further submitted that by treating the post occupied by the petitioner as isolated one, the requisite selection grades on completion of 9, 18 and 27 have already been granted to him. A documents to substantiate the contention regarding the grant of such selection grades is placed on record as Annex.R3/1 collectively.