The District Magistrate's power to interfere with the decisions of Nagar Palika Parishad is limited to specific circumstances outlined in Section 34 of the Uttar Pradesh Municipalities Act, 1916.

JUDGMENT :

(J.J. Munir, J.)

1. This writ petition under Article 226 of the Constitution is directed against the impugned order dated 24.05.2023 passed by the District Magistrate, Sonbhadra, setting aside the promotion granted to the petitioner by the Chairman, Nagar Palika Parishad, Sonbhadra to the post of a water works supervisor from the position of a pump attendant.

2. In consequence of the impugned order passed by the District Magistrate, the petitioner stands reverted to the post of a pump attendant. The petitioner was appointed a pump attendant vide order dated 29.11.2007 by the Executive Officer, Nagar Palika Parishad, Sonbhadra. He joined service on 04.12.2007. The petitioner was selected for the post of a pump attendant, a Group-D post vide Government Order No. (para no.4) dated 17.10.2007 after facing a duly constituted selection committee for the purpose. According to the petitioner, he is duly qualified for the post of a water works supervisor, a Class-III (Group-C) post. He has earned his Intermediate Certificate from the U.P. Board of High School and Intermediate Education and a Trade Certificate of Fitter from the I.T.I. He has apprenticed at the Thermal Training Institute, UPRVUNL, Obra, District Sonbhadra. The petitioner has been discharging his duties sincerely, honestly and with all competence at his command. Respondent No.5, on the other hand, was appointed a daily-wager on the Class-IV post of a pump attendant with the Nagar Palika Parishad, Sonbhadra on 01.01.1989. He has been regularized in service on 09.12.2014. The fifth respondent has completed his Junior High School in the year 1983 and holds a I.T.I. Trade Certificate. The fifth respondent also claims to have passed the Prathama Examination in 1997 from the Hindi Sahitya Sammelan, Allahabad (now Prayagraj).

3. It is the petitioner’s case that the Director, Local Bodies, U.P. has issued an order dated 6th December, 1980, where the minimum educational qualifications prescribed for a water works supervisor is intermediate. The post of a water works supervisor was vacant since long in the establishment of the respondent, Nagar Palika Parishad. The petitioner, qualified for the post, moved an application seeking consideration of his candidature by way of promotion. The matter was referred for guidance by the Executive Officer, Nagar Palika Parishad, Sonbhadra to the Deputy Director, Local Fund Account Department, U.P., Vindhyachal Division, Mirzapur. This reference for guidance appears to have been made vide memo dated 04.09.2020. In response, the Deputy Director, Local Fund Account Department, Mirzapur, responded vide his memo of 30th September, 2020, wherein he suggested that the following proceedings can be taken:

“(1) If in the past, promotion to the post of a water work supervisor on a regular basis has been done, on the foot of whichever educational and technical qualifications, proceedings can be taken in the same manner;

(2) If the post of a pump attendant constitutes a feeding cadre for promotion to the post of a water work supervisor, promotion can be made;

(3) Since it is a matter of promotion, the question of reservation would not be attracted.”

4. The Nagar Palika Parishad, Sonbhadra, accordingly, went about the exercise of considering the case for promotion and vide an office note, that is annexed at Page Nos.49 and 50 of the paper-book, a list of six employees, who were eligible for promotion, was drawn up. Four out of these were occupants of the posts of beldar and two were pump attendants. Out of the six, all the other five, except the petitioner, were non-matriculates. Respondent No.5 alone held an I.T.I. Trade Certificate like the petitioner, but then his educational qualifications were only a Junior High School. The minimum educational qualification for the post of a water works supervisor, being an Intermediate Certificate, the petitioner’s case was proposed for promotion by the Executive Officer to the Chairman of the Nagar Palika P