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1994 DIGILAW 640 (DEL)

AMBA PRASHAD v. MUNICIPAL CORPORATION OF DELHI

1994-09-21

J.K.MEHRA, MAHINDER NARAIN

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MAHINDER NARAIN ( 1 ) SINCE only a short poin is involved we have heard the matter finally with the consent of the parties and proceed to dispose of the writ petition itself ( 2 ) IN this case, instead of giving effect to the order of the Industrial Tribunal and order of this court dated 13. 1 1. 92 in C. W. P. 2382/92. While considering the petitioner for promotion on the date on which the person junior to him Shri Kuber Dutt was appointed as Section Officer, the Municipal Corporation of Delhi has applied Recruitment Regulations. These Regulations, as has been held by the Industrial Tribunal came into force after the date when Mr. Kuber Dutt was promoted and also after the date when the petitioner applied for promotion for the post of Section Officer. ( 3 ) INASMUCH as the Recruitment Rules had not come into force on the aforesaid two dates, M. C. D. is clearly wrong in applying the paid rules to the case of the petitioner and denying him the chance to be considered for promotion as Section officer. ( 4 ) ACCORDINGLY, the impugned order dated 1. 3. 93 (Annexure "a" to be petition) is set aside and quashed. ( 5 ) WE direct that the petitioner be considered for promotion as Section Officer with effect from the date his junior Mr. Kuber Dutt was promoted as Section Officer.- ( 6 ) THIS order be implemented within one month from today. ( 7 ) PETITION stands disposed of in the above terms with no order as to costs.