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2011 DIGILAW 523 (RAJ)

Heera Lal Khichhi v. Director, Local Self

2011-03-09

GOVIND MATHUR

body2011
JUDGMENT 1. - The petitioner, a Class-IV employee with the respondent- Municipal Corporation, by way of this petition for writ is claiming promotion as per Rajasthan Municipalities (Subordinate & Ministerial Service) Rules, 1963 (hereinafter referred to as 'the Rules of 1963'). In the alternative, prayer for grant of selection grades on completion of 9, 18 and 27 years of service is also made. 2. As per the petitioner, under the Rules of 1963 he is having avenue for promotion to the post of Lower Division Clerk, but the respondents have not accorded that. It is also submitted that in the event of non-availability of adequate number of posts, the respondent-Corporation should have accorded first selection grade to the petitioner i.e. the pay-scale pertaining to the post of Lower Division Clerk and thereafter second and third selection grades relating to the post of Upper Division Clerk and Office Assistant respectively. 3. A reply to the writ petition has been filed on behalf of the respondents stating therein that the petitioner, though, is working with the Municipal Corporation as a Class-IV employee but he is not eligible to be considered for promotion, being lacking the requisite qualification. It is further submitted that by treating the post occupied by the petitioner as isolated one, the requisite selection grades on completion of 9, 18 and 27 have already been granted to him. A documents to substantiate the contention regarding the grant of such selection grades is placed on record as Annex.R3/1 collectively. 4. Heard learned counsel for the parties. 5. Under the Rules of 1963, a Class-IV employee (except Naka Guard) is eligible to be considered for promotion of Lower Division Clerk, if he possess qualification of Metric or equivalent thereto. The petitioner is possessing a qualification of Prathma, but that is not treated as a qualification equivalent to Metric, as such, the avenue for promotion prescribed under the Rules of 1963 is not available to the petitioner. The respondents, therefore, rightly treated the petitioner a person occupying an isolated post. So far as the grant of selection grades is concerned, those have already been given to the petitioner as per the provisions of para-5 of the Government of Rajasthan Notifications dated 25.1.1992 and 17.4.1998. The paragraph aforesaid prescribes grant of selection grades to a person who is occupying an isolated post. 6. So far as the grant of selection grades is concerned, those have already been given to the petitioner as per the provisions of para-5 of the Government of Rajasthan Notifications dated 25.1.1992 and 17.4.1998. The paragraph aforesaid prescribes grant of selection grades to a person who is occupying an isolated post. 6. In view of the factual position above, the claim of the petitioner with regard to grant of selection grade has already been satisfied adequately. 7. The petition for writ is dismissed.Petition Dismissed. *******