TaxTMI 
TaxTMI 
1989 (11) TMI 313
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....6 of the Constitution challenging the order of the Commissioner Varanasi Division dated February 13, 1980 setting aside the order of Municipal Board, Jaunpur appointing the appellant as Tax Inspector. The Municipal Board, Jaunpur issued advertisement inviting applications for appointment to the post of Tax Inspector. The advertisement stated that the existing employees of the Revenue Department of the Municipal Board were eligible for consideration along with outsiders. Hari Mohan Respondent No. 3 who was the senior most Tax Collector working in the Municipal Board, Jaunpur was called for interview but he refused to appear for the interview on the plea that the post of Tax Inspector should have been exclusively filled by promotion and as....
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....onsideration is whether the post of Tax Inspector, under the provision of the U.P. Municipalities Act, 1916 (hereinafter referred to as the 'Act') or any rules framed thereunder or under the Government Order dated 10.4.1950 the post of Tax Inspector was required to be filled by promotion only and not by direct recruitment. The Prescribed Authority i.e., the Commissioner as well as the High Court both proceeded on the assumption that the Government Order dated 10.4.50 had been issued by the State Government in exercise of its supervisory powers under s. 71 of the Act and as such it was binding on the Municipal Board, and the directions contained therein required the Municipal Board to fill up the post of Tax Inspector exclusively by ....
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....Judge, it is proper to refer the matter to a larger Bench for an authoritative decision. But in the instant case the learned Judge acted contrary to the well established principles of judicial discipline in ignoring those decisions. Section 71 of the Act before its amendment in 1964 did not confer power on the State Government to issue any direction regulating the conditions of service of Municipal employees. The view taken by the High Court in Ramesher Prasad case and followed in other two cases, is correct. The High Court placed reliance on the Government Orders dated 27.4.57, 9.12.59 and 30.1.72 in holding that the directions contained in Government Order dated 10.4.50 were binding on the Municipal Board. We have gone through the afor....
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.... the above paragraphs. The prevailing practice of transferring at random officials in one class of service to another should be stopped. 6. When direct recruitment to any post specified in the annexure had to be made it will be governed by the educational qualifications shown therein. Recruitments to posts from outside should, however, as far as possible be made by inviting applications through advertisement in the press and making a selection therefrom preferably be means of a competitive test. Local Bodies may also be advised to form a Committee consisting of the Chairman or the President, the Executive Officer or the Secretary, as the case may be, and the principal administrative officer of the department concerned, to make a se....
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.... Order do not contain any directions with regard to the question of promotion. Paragraph 5 as quoted earlier directed that promotion as a rule should be made from the lower to the higher post or grade in the same class of service subject to the directions contained in other paragraphs of the Order which means subject to the employee possessing the minimum qualifications prescribed for the higher post and the higher post should not be filled by transferring employees belonging to other class of service. Paragraph 6 directed that in case of direct recruitment to any post as specified in the annexure of the Order it should be governed by the educational qualifications prescribed in the Order and recruitment should be made in accordance with th....