(1.) Leave granted.
(2.) Respondent herein is a statutory authority constituted under the Delhi Development Act, 1957. Appellant was appointed as a Junior Engineer on 12.8.1976. It is contended by Appellant that he is a Graduate Degree Holder. He is said to be senior to Respondent Nos. 2 & 3 who are diploma holders. Appellant was promoted to the post of Assistant Engineer on 29.3.2001. He made a representation for upgradation of his pay-scale to Rs. 10,000-325-15,200, with seniority, which was not granted, although similar benefits had been granted to Respondent Nos. 2 & 3. He filed a writ petition before the Delhi High Court. A learned Single Judge of the High Court by an order dated 13.8.2002, directed Respondent to consider his representation within a period of six months. The said representation was rejected by Respondent by an order dated 23.9.2002 stating that he was not entitled thereto. In support of the said order, attention of Appellant was drawn to the norms laid down for fixation of seniority as well as for step up of pay.
(3.) Thereafter, a writ petition was filed by Appellant herein before the Delhi High Court. The said writ petition was dismissed by a learned Single Judge of the High Court by an order dated 13.1.2004 opining that as DDA had framed recruitment rules and promotions to the post of Assistant Engineer were being effected in terms thereof providing for 50% of promotions from amongst the Junior Engineers having a degree with 3 years of service in the post, and, thus, the order impugned in the writ petition could not be interfered with. An intra-Court appeal filed by Appellant being Letters Patent Appeal No. 363/2004 was dismissed by a Division Bench of the said High Court, inter alia, relying on a decision of this Court in Roop Chand Adlakha and Ors. v. Delhi Development Authority and Ors. AIR 1989 SC 307 . Appellant is thus before us.