These two respondents, we reiterate, had sought issuance of directions to the Mumbai Municipal Corporation to fill in the 16 vacant posts of Deputy Municipal Commissioner according to the modified Rules, i.e., by assigning 75 quota for Assistant Municipal Commissioners Ward Officers and 25 to the other categories.
Shri Ram B. Dhus was holding the post of HOD, and has filed the present Appeal along with the Mumbai Municipal Corporation for the reason that the impugned judgment dated 07.10.2009 has allowed the writ petitions, directing the Mumbai Municipal Corporation to effect promotions to the post of Deputy Municipal Commissioner strictly in accordance with the Resolution No.
Under the old Rules, 10 years experience in the post of Head of Department was required as eligibility for promotion to the next higher post of Deputy Municipal Commissioner whereas in the subsequent Rules, this eligibility had been lowered by three years, number requiring only 7 years experience.
These suggested amendments came to be approved by the Corporation leading to the passing of Resolution No.
752 dated 20.11.2003 amending the then existing Recruitment Rules and these were then forwarded to the State Government for its approval.
It was further clarified that the appointing authority will decide whether the post earmarked for promotion is to be filled in by promoting HOD or Ward Officer.
The Roster points indicated in the Rules were A C B C A C A promotion of Ward Officer, B promotion from HODs and C selection through MPSC .
The Roster fixation indicated that the first and second vacancy has to be filled in by promotion from amongst Assistant Municipal Commissioners whereas the third vacancy would be filled up by promotion of HODs or direct recruitment or by deputation and the fourth vacancy would go to the Assistant Municipal Commissioner and so on and so forth.
Section 55 authorizes the Corporation to appoint Deputy Municipal Commissioner subject to companyfirmation by the State Government whereas sub Section 4 of Section 80B of the M.M.C. Act requires the Corporation to frame Rules stipulating the eligibility and qualification criteria for the post of Deputy Municipal Commissioner in the Mumbai Municipal Corporation sub Section 5 thereafter requires the Rules so framed to be published in the Official Gazette.
It also requires to be elucidated that Shri Ram B. Dhus was promoted as Deputy Municipal Commissioner on 16/8/13.
The said Resolution required 75 of the said posts to be filled in by promotion from the Assistant Municipal Commissioners Ward Officers and 25 to be filled in by promotion of HOD, direct recruitment or by deputation.
Prior to the gazetting of the extant Rules that came to be gazetted on 28.04.2011, Corporation had promoted three persons to the post of Deputy Municipal Commissioner including Shri Anil Shantaram Khoje Contesting Respondent No.
The petitioners before the High Court, namely, Shri Anil Shantaram Khoje and Shri Prakash Krishnarao Thorat who are the companytesting Respondents before us, were holding the post of Assistant Municipal Commissioners.
1 , Shri B.P. Kolekar Contesting Respondent No.
752 dated 20.11.2003, sanctioned by the State Government in terms of its letter dated 04.10.2006 and the Roster point determined therein.
The State Government accorded its approval with certain modifications with respect to the chronology to be followed in the Roster and appointment by way of deputation transfer, unfortunately almost three years later vide its letter dated 04.10.2006.
Thereafter, the Corporation proposed modifications in the then existing Rules in terms of Resolution No.
When the writ petitions came to be filed before the High Court, Shri Ram B. Dhus did number possess the stipulated 10 years experience.
531 dated 21.09.2000, which were duly submitted to the State Government for according its approval.
The State Government, however, neglected to grant sanction to the said Resolution and as a companysequence the Commissioner addressed a letter dated 19.08.2003 to the Corporation suggesting other modifications in the Rules relating to promotions.
Although interim orders have number been granted in the appeal arising out of SLP C No.15868 of 2010, in the accompanying matter it had been ordered on 01.07.2011 that any promotion that may be made would be subject to the result of the petition.
5 and Shri P.J. Patil to the post of Deputy Municipal Commissioner companyld number have been effected in the absence of publication of the extant Rules in the Official Gazette.
1 and Shri Babusaheb Pandurang Kolekar Contesting Respondent No.
VIKRAMAJIT SEN, J. Leave granted in both these petitions.
We clarify that Shri Ram B. Dhus was the senior most amongst HODs, whilst the writ petitioners are Shri Anil Shantaram Khoje and Shri Prakash Krishnarao Thorat, who belonged to the cadre of Assistant Municipal Commissioner Ward Officer.
