AZIZULRAHAMAN Vs. NAGPUR MUNICIPAL CORPORATION

JUDGEMENT

(1.) The challenge in Writ Petition No.3795 of 1997 filed by three individuals is to the Resolution dated 2/12/1997 thereby promoting the Junior Engineers as Deputy Engineers. It is not in dispute that the present petition came to be filed on 26/12/1997 and the said Resolution promoting the eight persons came to be implemented on 1/1/1998. The petitioners also challenge the seniority list on the basis of which these eight persons have been promoted and seek direction to respondent No. 1/Nagpur Municipal Corporation to prepare a cadrewise seniority list of Assistant EngineerII and Sectional Engineer independently based upon the length of service at a particular post w.e.f. 1/4/1981. On 7/10/1998 the petition has been amended to add prayer to direct the Corporation to act upon the office note dated 1/1/1998. The persons promoted have later on been impleaded as Intervenor/respondent Nos. 2 to 9.

(2.) In Writ Petition No.667 of 1999 the petitioners seeks a declaration that the action of the Corporation in not following the Resolution dated 5/10/1984 in toto is illegal. They also seek a direction to restrain it from dividing the seniority list of different cadres like Junior Engineers, Assistant EngineersII and Sectional Engineers. The prayer obviously is not to subdivide the seniority list of Junior Engineers into these different cadres. They also sought expressly a direction to the Corporation to continue with the old policy of maintaining the seniority list of Junior Engineers, Assistant EngineersII and Sectional Engineers.

(3.) In Writ Petition No.3795 of 1997 this Court has on 16/10/1998 passed a following order :