.^%^ £--'."^v'T ^' .•y'^Tiy^.^-s"' ^^"~~ .-••"s^ ^3> J-. ^•".^^^1..-" ta»~ ../- >^^_^_^^^.^..._ ..^ . IN THE HIGH COURT OF JUDtCATURE AT BILASPUR, CHR4mSGARH Writ Petition No. /^7^of2006 »~ PETmONER: •Gotl ^ c^' ^'^* • \'^^ ^o^-"' - Versus - RESPONDENTS: 1. ^ >^1 /' Gopal Shrivastava, S/o Shri Kuldip Sahay, Aged about 56 years, Occupation: Service, Presentiv posted and working as Upper Division Clerk, Nagar Panchayat: Ramanujganj, District: Surguja, R''oNear Judge Quarter, Ward No.6, Ramanujganj, District: Surauja, Chhattisgarh. State ofChhattisgarh. Through the Secretary, Departmeat ofUrban Adnunistration & Development. Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh. Nagar Panchayat: Ramanujganj, Through the ChiefMunicipal Officer, Nagar Panchayat: Ramanujganj, District: Surguja, Ghhattisgarh. K RS WMT PETITION UNDER ARTICLE 226/227 OF THE CONSTITimON OF INDIA FOR I8SUANCE OF -^PPROPRIATE W'RITAVRITSL DIRECTIONS ETC. IN THE NATURE OF M-<LNDAMUS. CERTIORAM AND/OR ANY OTHER SUrTABLE WRIT OF LIKE NATURE. S3FEC—ICCC; T^'^qrai^pT, afll<-]'itf, 'E^roy sn^qil f?;]re'3nt^r giHwaf&a sii^i i^rrw^Tfta •WRff'?'fSlTi'rfSR?R ^? siNiTsfl^r 25-4-2006 Mr. San iay K. Aarswai, counss iViiss Deepa!i Pundey, Panei La«i|yer'forthe State/respondent No.l. Heard both thecounsei. The case of the petitioner is 1972, and he loined en the said post respondent No.2, In the year 197^ petitioner received accounts trainin^ aisoand the petitioner having possed the Diptoma of Aii India InstituTe of Loc of two incr'ementd vide order dated the post of U.D.C. on 5-1-1977 and After reorqanisation of the State 2000, the 5taTe of Chhari-isgarh c<l be consider'ed for tsromotion to th< municipaiity. Vide order dated oetitioner to oerform the duties of Kusml. The petitioner joined the sa| was alao constituted and the p<| Tihereafter, the petitioner was tran Iri Nagar Pahchoyat; 'Balrampur. Municipal Service (Executive) Rul^ Chhattwgarh AAunicipaiities Act, 1 9 Offieer is to be made by direcT re|i for the Betitioner. ,th hat he wcs uppointed as L.D.C. on 30" June, with effect from 1-7-1972 m the Office of , ori the direction of respondent No.Z, the bi Seif Sovernment, was aranted the benefit pB-4-1988. The petitioner wss promoted to ^as confirmed on the said oost on 9-4-1984, lof Madhya Pradesh with effect from 1-11- Ime into beinq. The petitioner is entitied to post of Chief AAunieipa! Officer in C-C\QSS 17-4-2003, respondent No.l dlrected the ^hief Municipcl Officer of Nagar Panchayat: 'd post and iater on, Nagar Panciiayat; Rajpur ititipne" Wfas a!so the additiona! chorge. sferred as In-charae Chief Municipai Qfficer \s per Ruie 5 of the Chhattiagarh State i, 1973, framed uneiei* Section 86 of the fl, promotion to the post of Chief Municipal :ruitmenf as weii as by proiyotion. Sub-ruie ['tft^ ^K^ f-HC-22 'S^ •<!ltl!<M<l, 'STfrffTS, fsRTOHy .'A5..-...&J.3 2CO/6 a^'.R f?:;iw3ii^r sRtIWHiiiT (Z} of Ruie 13 of the Sules, 2973 ! c'ommittee snd sub-ruie (2) furf'her But in sBite of that, the petitioner's & 2006. Jhe petitioner' is fu!Sy eii *l<.'f<-f^-l •w^ •? fsrct ^reeir ^ aifigrT an^r prescribes consti'futiQrTof Tte~5e!ection isrovides that the Committee shsii meet st leost once in ever year to consid^r ali eases for promotion ond submit its recommendations to the Stote ©overlnmentand theresftei-, the iist to be drswn. ^ase is not beinc considered. The petitioner made repre^entstions and reminder's^to the 6ov'ernment mths years 2003,2005 ib!s for consideration-of promotion to the podt of Chief Municipa! Officer. ^t has been mentioned in para 5.11 of the petition that one Sudarshan Oubi sonaidered and promoted to the pos- 19-7-200Z (Annexure P-11), wher- representation.s are not beinuConaii Learned counse! for the peti and 72 Nagar Panchayats, the post and mo.st of these posts are maj Inspector or even by U.&.C. leavii^ substantJveiyappointedChiefAAuni< 'rlaving heard learned courj reguiarlyliold the meeting of t>ep the post of Chief MuniCipai Officer| i«not bemg considered by the re^pj to make a detaiied representatior| ^y. who was junior to the petitioner, was of Chief Municipa! Officer vide order' dated ^as, the case ot the petitioner and his jereA . ilt-ioner submits that i'n 28 Municipal Councils t>f Chief AAunicioalOfficer has been created ined by Revenue Inspector/Revenue Sub- g few places where the post i's manned by ipal Officer. • lael for the pari'ies and conaidering the provisions of the Ruies, 1973. r'es^ondent No.l is under statutory obiiaation to trt-fflentai Promotion Committee for fiiing up by promotion or by direct i"ecruitmen1', which indents. Therefore, the petjttoner is aSowied to respondent ?'w>.l within a period of two [«^te» XI-HC-22 ?=£;^WviV, •^frOTS, IWtR'y ^.£.^2 ^ Sti^iqS!. Vi-«?b SS^V S^^i W?Cf .-» ^ETpA^ CT ^ ^ ^ sn^r ?RIIWH^(T responpen weeks froiTi'tbddyand in turn, '/' "^ ;!"v ' ^'s'^'-a;-'^ and pass order within a period of twjo responpent No.l shei! conslder the representatlon months from the ddte of receipt of the r'epresentafion, in accordance with 'ia^, m order to fu'l up ths vecaneies of Chief Psneh^yats. direeftion aforesaid.the petition stmds disposed MunicipQl Officer in the Nagar Psneh^ycti With the observation and diredtion of. Parties we entiTied for cert-ifi^d eopy of this order. •WTtwffrtinaf •? fezt Ttesrc •iSaT^nan^i Sd/- L.C. Bhadoo Judge [^^4^