Madhya Pradesh High Court
Chaturbhuj vs Indore Muncipal Corporation And 2 Ors. on 8 September, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH AT
INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
WRIT PETITION No. 519 of 2011
BETWEEN:-
CHATURBHUJ S/O BHOLARAM MEHTA, AGED ABOUT 57 YEARS,
OCCUPATION: SERVICE 17/1, GANJI COMPOUND INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI DILIP KSHIRSAGAR, ADVOCATE)
AND
INDORE MUNCIPAL CORPORATION AND 2 ORS. INDORE (MADHYA
1.
PRADESH)
COMMISSIONER INDORE MUNICIPAL CORPORATION (MADHYA
2.
PRADESH)
SECRETARY PRINCIPAL SECRETARY DEPTT URBAN
3. ADMINISTRATION AND DEVELOPMENT VALLABH BHAWAN
(MADHYA PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
Reserved on : 29th August, 2023
Delivered on : 08th September, 2023
This petition having been heard and reserved for order coming on
for pronouncement this day, the court pronounced the following:
ORDER
01. The petitioner has filed the present petition under Article 226 of -2- the Constitution of India claiming promotion to the post of Assistant Revenue Officer / Assistant Assessment Officer w.e.f. 21.10.1999 and also the pay-scale of the said post with all other ancillary benefits of the said post.
02. Facts of the case in short are as under:-
2.1. The petitioner was initially appointed on 31.03.1975 to the post of Laboratory Assistant in the laboratory of Indore Municipal Corporation (IMC). In the year 1992, he was promoted to the post of Chemist by the respondents. According to the petitioner, vide order dated 29.06.1995, he was appointed to the post of Meter Inspector (Officiating) in the Water Tax Department of Indore Municipal Corporation. He was sanctioned with the Vehicle Allowance payable to the regular employee posted as Meter Inspector.
2.2. It is further submitted that as testing of the food samples in the laboratory of respondent No.2 was stopped, the Standing Committee passed Resolution No.1616 dated 21.03.1996 for posting the petitioner to the post of Inspector, (Non-technical) on a regular basis. Accordingly, the petitioner was appointed to the post of Inspector in the Engineering / Public Works Department of IMC. The petitioner was also placed at Serial No.7 in the gradation list of Inspector, (Non-technical). 2.3. According to the petitioner, on the basis of seniority vide order No.12 dated 04.08.1999, he was posted as Incharge Assistant Revenue Officer. The petitioner joined and took charge of the said post on 04.08.1999.
2.4. In the year 1999, six posts of Assistant Revenue Officer / Assistant Assessment Officer became vacant in Indore Municipal -3- Corporation. Respondent No.2 forwarded a proposal dated 31.08.1999 recommending the name of the petitioner with three others for promotion to the post of Assistant Revenue Officer / Assistant Assessment Officer. However, the petitioner was not promoted despite working on an officiating basis, but he was not given the pay-scale of Assistant Revenue Officer since last eight years. The petitioner submitted various representations, and thereafter, filed W.P. No.4503 of 2005 before this Court which was disposed of with a direction to submit a detailed representation to the respondents. The petitioner submitted a representation on 22.05.2006 to Indore Municipal Corporation, however, vide order dated 20.07.2006, the same was rejected, hence, the petitioner filed the present petition before this Court.
03. After notice, the respondents filed a reply by submitting that during pendency of this petition, the name of the petitioner along with others was kept before the Committee constituted under Schedule - 4 of the M.P. Nagar Palika Nigam (Adhikariyon Tatha Sevakon Ki Niyukti Tatha Seva Ki Shartein) Niyam, 2000 (in short the Rules of 2000) and the decision was forwarded to the Commissioner of Indore Municipal Corporation. The said recommendation was placed before the Mayor in Council on 24.02.2009 and after its approval, it was forwarded to the State Government because the services are governed by the prevalent rules as laid down by the Government of Madhya Pradesh. Vide order dated 29.06.2010, the Government granted the approval subject to following the roaster system.
3.1. The respondents have further submitted that for promotion to the post of Assistant Revenue Officer / Assistant Assessment Officer, the -4- candidate should possess a minimum five years of experience, but the petitioner was not fulfilling the same criteria. It is further submitted that the petitioner was appointed on the post of Chemist, where no promotion is granted, therefore, the basic post was converted into Deputy Inspector (Revenue), Non-technical, but as the Rules of 2000 were in force, no sanction was obtained from the State Government, therefore, the promotion order could not be issued.
04. The petitioner filed a rejoinder by submitting that his name was recommended for promotion from 21.10.1999 as per Indore Nagar Palik Nigam Seva Bharti Upvidhiyan, 1992, but recommended his name for promotion prospectively to the Committee constituted under Schedule - IV of the Rules of 2000. The respondents had made a statement in W.P. No.4197 of 2008 which is recorded in the order-sheet dated 16.01.2009 by which the petitioner's claim for promotion from 21.10.1999 to the post of Assistant Revenue Officer was admitted. Now, Indore Municipal Corporation cannot be permitted to take a contrary stand for not promoting him from 21.10.1999.
05. Indore Municipal Corporation filed an additional reply by submitting that in compliance of the order passed in W.P. No.4197 of 2008, the DPC was conducted on 16.09.2008 and not in respect of 21.10.1999. The petitioner retired from service on 31.01.2013 from the post of Inspector, Market (Revenue). Under the Right to Information Act, 2005, the respondents certified that the petitioner worked as Incharge Assistant Revenue Officer.
06. The petitioner filed an application for amendment of the writ petition for taking the pleadings and documents on records to the effect -5- that DPC was held on 16.09.2008, which recommended the name of the petitioner for promotion to the post of Assistant Revenue Officer and in light of the said proposal, the Indore Municipal Corporation sought sanction from the State Government. Thereafter vide letter dated 07.07.2009 and vide letter dated 29.06.2010, the State Government granted the sanction. The name of the petitioner is at Serial No.1 in the said letter. However, in compliance of the aforesaid order, the respondents have granted promotion to Bharat Singh Solanki and Kishore Dubey whose names were at Serial No.2 & 3 in the DPC proceedings, therefore, there is discrimination with the petitioner depriving him promotion to the post of Assistant Revenue Officer.
07. The respondents have not filed reply to the aforesaid amendment application despite the time was given on 16.12.2019.
08. Heard Shri Dilip Kshirsagar, learned counsel for the petitioner and perused the record. None for the Indore Municipal Corporation.
09. The petitioner is a Science Graduate. According to the admitted facts, the petitioner was initially appointed to the post of Laboratory Assistant and promoted to the post of Chemist in the year 1992. Since the work of testing was stopped in the Indore Municipal Corporation, therefore, vide order dated 29.06.1995, he was posted against the post of Meter Inspector with a direction to maintain his seniority in the original post and cadre, however, he was sanctioned Vehicle Allowance payable to Meter Inspector. Resolution No.1616 dated 21.03.1996 was passed to the effect that since the work of the laboratory was stopped, therefore, permission was granted to take the service of the petitioner as Meter Inspector as the pay-scales of the both the posts are same. In compliance -6- of Resolution dated 21.03.1996, he was posted as Inspector, Non- technical against the vacant post of Inspector and was directed to work in the Water Tax Department of Indore Municipal Corporation. The petitioner was kept in the gradation list of Inspector, (Non-technical) in the year 1998, therefore, the petitioner was absolved on the post of Inspector, Non-technical. In the said list, the name of the petitioner is at Serial No.7 and the name sof Bharat Singh Solanki at Serial No.9, Prahlad Jadam at 11 and Kishore Dubey at Serial No.13. On the basis of seniority, vide order dated 04.08.1999, he was given the charge of Incharge Revenue Officer, therefore, the petitioner is claiming promotion to the post of Assistant Revenue Officer / Assistant Assessment Officer.
10. By way of amendment, the petitioner has brought on record the copy of Resolution No.1937 dated 24.02.2009 and the recommendation of DPC, whereby the name of the petitioner was recommended for promotion to the post of Assistant Revenue Inspector / Assistant Assessment Officer. Out of five candidates, the name of the petitioner was placed at Serial No.1. Vide order dated 29.06.2010, the State Government granted permission / sanction despite that the Commissioner, Indore Municipal Corporation passed an order dated 26.12.2018 promoting Bharat Singh Solanki and order dated 21.02.2019 promoting Kishore Dubey. In both orders, the name of the petitioner is reflected, but no order has been passed till date.
11. All the objections taken by the respondents have been rejected in W.P. No.9742 of 2011 filed by Baharat Singh Solanki and W.P. No.9743 of 2011 filed by Kishore Dubey. This Court vide order dated -7- 02.11.2017 directed the Indore Municipal Corporation to issue a promotional order with all notional fixation of seniority, increments and other benefits except back-wages. The said order has been complied with by the Indore Municipal Corporation. Therefore, the petitioner is also entitled for the same benefits which have been granted to Bharat Singh Solanki and Kishore Dubey. The order dated 02.11.2017 passed in W.P. Nos.9742 of 2011 & 9743 of 2011 shall be applicable mutatis mutandis in the present case also. The compliance be done within a period of thirty days from the date of production of certified copy of this order.
The Writ Petition stands allowed with a cost of Rs.10,000/- payable to the petitioner by the Indore Municipal Corporation.
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(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2023.09.09 10:22:01 +05'30'