Jagdish Kumar Sharma vs State of M.P.

Heard counsel. Grievance of the appellant in this appeal filed against the order dated 01/07/2013 passed by the learned Single Judge in Writ Petition No. 2134/2005 is that the appellant is eligible to be promoted to the post of Assistant Commissioner, Property Tax in the year 2002, however, he was promoted to the aforesaid post vide order dated 31/3/2010 which is illegal.

The Government framed statutory rules known as M.P. Municipal Corporations (Appointment and Conditions of Service of Officers and Servants) Rules, 2000. In accordance with the aforesaid rules, the post of Assistant Commissioner is a promotion post and for the purposes of promotion, eight years service as Assistant Property Tax Officer is required.

The contention of the learned counsel for the appellant was that the appellant (petitioner before the Writ Court), acquired the aforesaid qualification for consideration to the post of Assistant Commissioner, Property Tax in the year 1992, however, the post was not created by the Municipal Corporation. After coming into force the aforesaid rules in the year 2000, the post was created in the year 2010 and thereafter the appellant was promoted.

From the aforesaid facts of the case, it is clear that the post on which the appellant was promoted came into existence in the year 2010 and thereafter the appellant was promoted.

Hon''ble the Supreme Court in Union of India (UOI) and Others Vs. Majji Jangamayya and Others, quoted by the learned Single Judge has held that an employee has no right to have a vacancy in the higher post filled as soon as the vacancy occurs. Similar principle has been reiterated in subsequent judgments also.

In the present case, the Municipal Corporation had no statutory duty for creation of the post. In such circumstances, in our opinion, the impugned order passed by the Writ Court is in accordance with law. We do not find any merit in this appeal. It is hereby dismissed.