1 S.B. CIVIL WRIT PETITION NO.2199/2004 Raj Kumar Sharma Vs. State of Rajasthan & Ors. Date of Order :: 18.3.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. D.D. Chittlangia, for the petitioner. Mr. Shyam Ladrecha, Addl. Govt. Advocate ... By this petition for writ a challenge is given to the order dated 11.2.2004 passed by the Commissioner(Admn.), Municipal Council, Bikaner, promoting the respondent Sh. Anil Kumar Acharya as Chief Sanitary Inspector as a consequent to the recommendations made by the Departmental Promotion Committee that met on 9.2.2004. The petitioner, on being appointed as Sanitary Inspector prior to Sh. Anil Kumar Acharya, is claiming seniority over him. The date of the appointment of the petitioner to the post of Sanitary Inspector i.e. 13.6.79 is not disputed, however, it is urged that as a matter of fact the petitioner was transferred to Municipal Council, Bikaner from Municipal Board, Sri Dungargarh as Sanitary Inspector Gr.II but due to non- existence of the post aforesaid he was posted as Sanitary Inspector Gr.I. Pertinent to note here that the post of Sanitary Inspector Gr.I is no more in existence and since long it is only the post of Sanitary Inspector and that is having avenue for promotion to the post of Chief 2 Sanitary Inspector. This Court by the order dated 7.9.2006 directed the respondent Municipal Council to make available minutes of Departmental Promotion Committee that met on 9.2.2004 and recommended for promotion of respondent Sh. Anil Kumar Acharya. In pursuant to the order aforesaid the original record relating to the proceedings of promotion is shown to me. From perusal of the record it appears that there was no recommendation of departmental promotion committee and as a matter of fact a statement relating to service particulars of respondent Sh. Anil Kumar Acharya only was forwarded and on acting upon that the order impugned dated 9.2.2004 was passed. Under the Rajasthan Municipal (Subordinate & Ministerial) Service Rules, 1963 a Sanitary Inspector is having an avenue for promotion to the post of Chief Sanitary Inspector on possessing seven years experience. The criteria for promotion to the post of Chief Sanitary Inspector is senioriy cum merit and the procedure for promotion under the Rules of 1963 is given in part V. As per Rule 23 of the Rules of 1963 a Departmental Promotion Committee is to be constituted and that is required to make recommendations by examining technical qualification, knowledge and experience, tact, energy and intelligence; and integrity; and previous record of the service of the person under consideration. 3 In the instant matter no such procedure was adhered by the Municipal Council while making promotion of Sh. Anil Kumar Acharya to the post of Chief Sanitary Inspector. In view of it, the order of promotion of Sh. Anil Kumar Acharya is bad in eye of law. The writ petition, for the reasons above, deserves to be allowed, accordingly, the same is allowed. The order of promotion of Sh. Anil Kumar Acharya as Chief Sanitary Inspector is quashed. The respondent Municipal Council is directed to convene meeting of the departmental promotion committee within a period of three months from today to consider candidature of the all eligible candidates for promotion to the post of Chief Sanitary Inspector. Till fresh recommendations are made and order of promotion is issued Sh. Anil Kumar Acharya, respondent No.4 shall be permitted to continue on the post of Chief Sanitary Inspector looking to the administrative requirement of the respondent- council. However, if the respondent Municipal Council fails to make regular promotion with in the period prescribed then it shall not continue the respondent No.3 as the Chief Sanitary Inspector. No order as to cost. (GOVIND MATHUR), J. Jgoyal