T K SANKARAN Vs. COMMISSIONER

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st respondent in Circular G.D.C. Na.Ka. No.E4/39618/99, dated 12.08.1999 and order of promotion awarded to the respondents 2 to 46 in G.D.C. Na.Ka.No. E4/39618/99, dated 16.11.1999 and quash the same and consequently direct the 1st respondent to award promotion to the petitioner as Assistant on the basis of seniority. The petitioner has been working as a Junior Assistant in the 1st respondent Corporation from 28.11.1979 onwards. He was awarded Selection Grade w.e.f. 14.03.1991. His next avenue of promotion is to the post of Assistant. A Seniority list of Junior Assistants was prepared on 27.10.1984 in which the petitioner was placed at Sl.No.166. Subsequently, the 1st respondent Corporation promoted the respondents 2 to 46 as Assistants on the basis of seniority. The said order of promotion issued by the 1st respondent Corporation in G.D.C. Na.Ka.No.E4/39618/1999 dated 16.11.1999 is now challenged in this writ petition.

(2.) THE main ground of challenge is that the petitioner has not been promoted to the post of Assistant, though as per the seniority he is eligible for the same, on the ground that he had not passed the Account Test for Subordinate Officers Part-I as well as the District Office Manual Test.

(3.) A plain reading of the above provision would make it clear that the corporation council has got power to issue by-law prescribing qualifications for the posts included in Clause III and IV. At this juncture, a reference to Section 352 (1) of the Act is necessary which runs as follows:- "Confirmation of by-laws by State Government - (1) No by-law made by the council under this Act shall have any validity unless and until it is sanctioned by the State Government."