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2024 Supreme(Online)(GUJ) 19136
HIGH COURT OF GUJARAT
BIREN VAISHNAV, PRANAV TRIVEDI, JJ
RASENDRU S. PAREKH – Appellant
Versus
LALUBHA B. JADEJA – Respondent
C/LPA/1977/2004
Promotions to municipal officer positions must adhere to qualifications set by the General Body, not the Standing Committee, and unauthorized promotions are void.
Headnote:(A) Gujarat Provincial Municipal Corporation Act, 1949 - Sections 51, 53, 454, 457 - Promotion of employees - Promotions of private respondents to Valuation Officer posts were found to be without authority of law as they lacked requisite qualifications - The learned Single Judge quashed their promotions and directed demotion to Junior Clerk posts. (Paras 2.5, 2.6)
(B) Authority of Municipal Corporation - The Standing Committee lacks power to determine qualifications for municipal officers, which must be established by the General Body of the Corporation. (Paras 2.5, 2.6)
Facts of the case:
The petitioner challenged the promotion of two respondents to Valuation Officer positions, claiming they lacked the necessary qualifications as per the Corporation's rules. The learned Single Judge ruled in favor of the petitioner, leading to appeals by the respondents.
Findings of Court:
The promotions were illegal and void ab initio, and the petitioner was entitled to promotion as Valuation Officer with consequential benefits.
Issues: The main issues were the legality of the promotions granted to the respondents and the authority of the Standing Committee in determining qualifications.
Ratio Decidendi: The court held that the promotions were contrary to the provisions of the Act, and the Standing Committee had no authority to alter qualifications set by the General Body.
Result: Appeals disposed of with directions for the Corporation to grant notional benefits to the petitioner.
Considering the averments made in the application, prayer in terms of paragraph 5(b) is granted. The delay of 1436 days that has occurred in bringing legal heirs on record is hereby condoned. Civil application is allowed accordingly.
ORDER IN CIVIL APPLICATION NO. 1 of 2014 Heard learned counsel appearing for the applicant.
Having considered the averments made in the application, prayers in terms of para 5(b) is granted.
Registry to amend the cause title of the main appeal, accordingly. Civil Application is allowed, accordingly. ORDER IN LETTERS PATENT APPEALS 1 These appeals have been filed by the original respondents No.2 and 3 (private respondents) and the Bhavnagar Municipal Corporation, original respondent No.1 in Special Civil Application Nos. 2987 of 1988 and 3341 of 1988. They challenged the oral judgement dated 15.09.2004 passed by the learned Single Judge which partly allowed the petitions of the original petitioner in the petition, namely, Shri Lalubha Bahadursinh Jadeja.
Lalubha Bahadursinh Jadeja, the sole petitioner of Special Civil Application No. 2987 of 1988, approached this Court by way of the captioned petition with a prayer that a writ be issued for quashing and setting aside the orders promoting the private appellants herein who were the original respondent Nos. 2 and 3 in the petition to the post of Octroi Valuation Officer.
2.1 It was his case that he was initially recruited as a daily wager, Clerk on 23.11.1976 and confirmed as Junior Clerk with effect from 01.04.1983. It was his case that he has passed his L.S.G.D Examination. According to the petitioner, though he was qualified and eligible for being promoted as a Valuation Officer in the grade of 500-930/-, the respondent Nos. 2 and 3 were promoted as Octroi Valuation Officers by the Commissioner.
2.2 According to the petitioner, the General Board on 04.02.1986, had sanctioned two posts of Octroi Valuation Officers in the pay-scale of Rs.500-930/-. The qualification prescribed for the said post was that of graduation in Engineering, Science or Commerce with L.L.B. It was the case of the original petitioner before the learned Single Judge that the respondent Nos. 2 and 3 were promoted as Octroi Valuation Officers though, they neither possessed the qualification of graduation in Engineering, Science or Commerce with L.L.B, instead the respondent Nos. 2 and 3 were Arts Graduate.
2.3 According to the petitioner, therefore, the promotion of respondent Nos. 2 and 3 was contrary to the rules and therefore the same be quashed and set aside.
2.4 The Corporation filed its reply before the learned Single Judge contending that the promotions were in accordance with law. However, it was an admitted fact that the petitioner was in the seniority list at serial no. 95 whereas the private respondent Nos. 2 and 3 were at serial nos. 107 and 117 respectively. According to the Corporation, since a criminal case was pending against the original petitioner, he was considered for promotion but not promoted and since the respondent Nos. 2 and 3 were found suitable for promotion, were promoted to the posts in question.
2.5 Perusal of the order of the learned Single Judge would indicate that the learned Single Judge considered the provisions of the Bombay Municipal Corporation Act, particularly Sections 454 and 457 thereof read with Sections 59 and Sections 45 to 60 thereof. Sections 51 and 53 were also appreciated and the learned Single Judge on perusal of the provisions found that the powers to appoint Officers and Servants of the Corporation vests in the Corporation. The Standing Committee is empowered to determine the number, the designations, the grades and salaries. According to the learned Single Judge, neither Sec.51 nor Sec.53 of the Act empowered the Standing Committee to determine the qualifications required to be possessed by the Officers and Servants of the Municipal Corporation. Having found that, in the facts of the case in the petition, since the proposal was
