JUDGEMENT
RITU BAHRI,J. -
(1.)Petitioner is seeking directions to the
respondents to promote him w.e.f. 28.08.2007 as Secretary, Municipal
Council instead of 16.03.2012 with consequential benefits by modifying
the order dated 13.03.2012 (Annexure P-7).
(2.)Petitioner was working as Secretary, Municipal Committee Ellenabad, Barwala and Tauru from time to time. There are two categories of
Secretaries Municipal Council and Municipal Committee i.e. A Class and
B/C Class. The Secretaries Municipal Council A-Class are to be filled up
to 50% by way of promotion from and amongst Secretaries B/C Municipal
Committees on Seniority-cum-merit basis and remaining 50% by way of
direct recruitment. There are about 24 posts of Secretaries A Class,
Municipal Council in the State of Haryana and many Secretaries of B/C
Class, Municipal Committees in their own pay scales. The pay scale of
Secretaries B/C Class Municipal Committee is Rs.5500-9000 whereas pay
scale of A Class Municipal Council is Rs.6500-9900. The pay scale of
Secretary, Municipal Council is revised Rs.9300-34800 + 4800 (Grade Pay)
w.e.f. 01.01.2006. Petitioner was given charge of A Class Municipal
Council, Thanesar i.e. A Class in the year 2002 on transfer from Tauru
Municipal Committee B Class, vide order dated 11.10.2002 (Annexure P-1).
The petitioner thereafter was transferred from Municipal Council Hansi
(A-Class) to Secretary B/C Class Municipal Committee Hodel, District
Faridabad, vide order dated 24.10.2007 (Annexure P-3). This order was
challenged by the petitioner by way of CWP No.17188 of 2007 was withdrawn
with liberty to seek promotion from B/C Class Municipal Committee to
A-Class Municipal Council on 12.11.2007.
(3.)One Bhoop Singh, Secretary, Municipal Committee Kharkhauda working in the B/C Class Municipal Committee, has filed a CWP No.19418 of 1996 for
promotion as Secretary A-Class, which was allowed by this Honourable Court
with costs of Rs.5000.00 on 20.05.1997.
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