Promotion to the Post of Law Officer of Municipal Corporation of Greater Mumbai – Petitioner although senior Deputy Law Officer was denied promotion

The Petitioner was appointed as Assistant Law Officer in the legal department of Respondent No.1 Mumbai Corporation on 25.2.1995 and promoted as Deputy Law Officer on 1.6.2012.

The Respondent no.4 was appointed as Assistant Law Officer in 1998 and promoted as Deputy Law Officer in 2014.

However, the respondent no.4 was promoted to the higher post of Law Officer vide Resolution dated  14.7.2023 with effect from 31.12.2021.

HELD that the factors to be considered are merit, eligibility, qualification, performance and suitability.  Seniority is not the only criterion. MCGM is one of the largest Corporations in the country, it has substantial litigations of high stakes and therefore, the highest post of Legal Officer is of extreme importance for the functioning of the Municipal Corporation.   It is not only the power of the Municipal Corporation but also its duty to appoint a meritorious, competent and one with integrity as head of its Legal Department.  According to the Departmental Promotion Committee, the punishments imposed on the petitioner were such that they reflected on the basic qualities required for the post.

Judgment dated  12.4.2024  in W.P.No.2734 of 2023 of Sanghmitra R. Sandansing Vs. The Municipal Corporation of Greater Mumbai and others