Petitioner eligible for promotion to post of Dy Commissioner: HC

Source: The Hitavada      Date: 12 May 2018 12:32:19

 Legal Correspondent,

IN THE matter related to department promotion, single bench of Madhya Pradesh High Court comprising Justice Vandana Kasrekar said that ‘petitioner is fully eligible for promotion to the post of Deputy Commissioner. The present petition is allowed. Impugned proposal sent by the respondent Commissioner, Satna Municipal Corporation vide letter dated on January 18, 2016, and also recommendations of Mayor-in-Council dated on February 2, 2015, as well as Departmental Promotion Committee dated on January 23, 2015, for promotion to lower post of Assistant Commissioner is set aside and respondents are directed to convene meeting of review DPC and to consider the case of the petitioner for promotion to the post of Deputy Commissioner as per Rules of 2000, which was in vogue in January, 2015, within a period of four months. In case, the petitioner is found fit, then the petitioner shall be promoted to the post of Deputy Commissioner.’

Single bench of MPHC heard the petition filed by S D Pandey, Corporation Secretary, Satna Municipal Corporation, against the Principal Secretary, Urban Administration Environment Department, Bhopal, Commissioner, Urban Administration and Development Department, Bhopal and Commissioner, Satna Municipal Corporation. The petitioner filed present writ petition challenging impugned proposal dated on January 18, 2016, and also recommendations of Mayor-in-Council dated on February 2, 2015, and Departmental Promotion Committee dated on January 23, 2015, by which the recommendations have been made for promotion of the petitioner to lower post of Assistant Commissioner and also praying for directions to respondents to convene the review Departmental Promotion Committee to consider the case of the petitioner for promotion to the post of Deputy Commissioner as per Rules, 2000.

The petitioner was initially appointed on the post of Personal Secretary in 1994, in Shivpuri Development Authority. He was sent on deputation under respondent in 1995 and was absorbed under respondent Commissioner, Satna Municipal Corporation. He was thereafter promoted to the post of Corporation Secretary in 2003 and since then he is discharging duties of Corporation Secretary. Service conditions of the employees working under Municipal Corporation of the State is governed by Rules of 2000 known as Madhya Pradesh Municipal Corporations (Appointment and Conditions of Service of Officers and Servants), Rules, 2000, which are framed under Section 58 (1) r/w Section 433 of the Municipal Corporation Act schedule-I the Rules, 2000 provides for pay-scales and classifications of posts etc.

Rule 4 of above Rules, deals with and provides that as per Schedule-I, the posts in the Corporation shall be filled by direct appointment, promotion, deputation etc. Rule 5 and 7 deals with direct appointment and eligibility qualifications. Rule 10 provide the method and manner, the classified posts, which shall be filled up through promotion, in accordance with Schedule-III and IV. As per Schedule-III of the said Rules, post of Deputy Commissioner is to be filled up from the combined gradation list of the feeder cadre posts, comprising of Corporation Secretary, Private Secretary and Assistant Commissioner.

As per column 4 the employees working and having experience of 5 years on the feeder cadre posts were eligible for promotion to the post of Deputy Commissioner. Item No.5 deals with the feeder cadre posts for promotion to the post of Assistant Commissioner whereas item No.7 provide the feeder cadre post for the post of Corporation Secretary. Thus, as per the said schedule, post of Corporation Secretary and Assistant Commissioner are feeder cadre post for Deputy Commissioner.

Thereafter vide notification dated on February 28, 2014 issued by respondent Principal Secretary, Urban Administration Environment Department, Bhopal, new set of the posts was sanctioned, for different Municipal Corporation in the State, in accordance with the Schedule-I. By same notification, number of posts were declared as 'dying cadre' meaning thereby all the above posts which are declared 'dying cadre' stands abolished after retirement of respective employees working on it. New and number of posts were increased and sanctioned. The Corporations have been granted permission to carrying out recruitment as per Schedule-IV. The post of Corporation Secretary, on which, petitioner is working was also declared as dying cadre, as the same was merged in the post of Office Superintendent.

As per Schedule 3A, two posts of Deputy Commissioner and 6 posts of Assistant Commissioner has been created and sanctioned for respondent Corporation. In the meanwhile as per Schedule-IV of the Rules, 2000, a meeting of Departmental Promotion Committee was convened by respondent Commissioner, Satna Municipal Corporation on January 23, 2015 for considering the candidature of petitioner for the higher post of Deputy Commissioner. The said resolution was also approved by Mayor-in-Council. Being aggrieved by the said resolution, the petitioner has filed the present petition.