- (1.) Petitioner challenges the order dated 21.7.1981 Annex. 5.
(2.) The undisputed facts which led to filing of this Writ Petition are as under: Petitioner was initially appointed on 1.10.56 as Naka Guard at Municipal Board, Deogarh. He was recommended for promotion on the post of Nakedar which fell vacant on account of death of Shri Shambho Lal Dhabai vide order dated 16.12.63 subject to confirmation by the Board and was ordered to be so promoted on temporary basis. Thereafter by order Ex. 3 dated 16.5.66, the Chairman of the Board promoted the petitioner on the post of Sub-Nakedar instead-of Nakedar with effect from 1.4.66. This order was subject to confirmation by the Board. The Board in its meeting held on 22.5.66 unanimously confirmed the order dated 16.5.66 appointing the petitioner of Sub-Nakedar with effect from 1.4.66. This resolution has been placed on record as Annex. 4. It appears that petitioner was holding a certificate of Rashtra Bhasha Pravesh Pariksha from Rashtra Bhasha Prachar Samiti, Vardha of the year 1965. It further appears that the Promotion Board which met on 9.11.70 also confirmed the promotion of the petitioner with effect from 1.4.66 on the post of Sub-Nakedar but stated in its recommendation that the promotion is approved if the qualification, held by the petitioner is equivalent to middle examination. Thereafter vide impugned order Annex. 5, petitioner was informed that recommendation of Board in making relaxation in educational qualification in his case has not been accepted vide letters dated 11.10.79 and 11.7.80 and, therefore, he would not work on the post of Sub-Nakedar and should be allowed to work for which he is found eligible.
(3.) Apprehending reversion in pursuance of order Ex. 5, petitioner has filed this Writ petition with the prayer that order 21.7.81 Ex. 5 may be declared to be invalid and the respondent Municipal Board may be restrained from effecting the reversion of the petitioner.;