RAJ KUMAR GUPTA Vs. N D M C

JUDGEMENT

(1.) In this writ petition, the petitioner has sought for a direction to respondent No 1 to grant promotion to the petitioner in the cadre of Surverllance/Sanitary Inspectors w e f 16/6/1987 i.e from the date of adhoc promotion of respondent No.2 and/or to direct the respondent Not to refix the pay of the petitioner w.e.f. aforesaid date i.e. 16/6/87 when the respondent No.2 was promoted to the aforesaid post on adhoc basis by stepping up his pay in terms of F R 22 (C) of the Fundamental Rules.

(2.) . Both the petitioner and the respondent No 2 were working as Surveillance workers with the respondent/N D MC It is an admitted position that the petitioner was senior to respondent No 2 in the aforesaid grade of Surveillance Worker However, a short term vacancy arose in the post of Surveillance Inspector The said post was, however, reserved for a Scheduled Caste candidate One Sh Ramesh Prakash, a Scheduled Caste candidate was approved for promotion to the said post However, due to pendency of a departmental proceeding against him the said Sh Rameah Prakash was under suspension and, therefore, he could not be promoted Consequently, the respondent No 2 being senior most Schedule Cable candidate, was promoted to the post of Surveillance/Sanitory Inspector on adhoc basis, on 16/6/1987 Thereafter, on 10/8/1986, the petitioner was also promoted as Surveillance/Sanitory Inspector on adhoc basis The respondent No 1, however, immediately thereafter considered the cases for regular promotion to the posts of Surveiliance/ Sanitory Inspector and as a follow-up action a Departmental Promotion Committee was constituted and he meeting was held on 2/8/1990 Pursuant thereto both the petitioner as also respondent No 2 were ordered to be regularised, with petitioner being placed higher in the panel than respondent No.2. Accordingly, in the seniority position the petitioner ranks senior to respondent No.2 even in the higher post of Surveillance/Sanitory Inspector But on account of his early officiation in the post of Sanitary Inspector on ad-hoc basis, respondent No.2 drew higher pay as compared to the petitioner Being aggrieved by the aforesaid decision, the present petition was filed by the petitioner seeking for the aforesaid relief.

(3.) . It was contended by the counsel appearing for the petitioner that since respondent No.2 is junior to the petitioner, his pay cannot be higher than that of the petitioner and an support of the said contention, counsel appearing for the petitioner sought to rely upon the provisions of F R 22-C and also the Government circular of instructions dt. 4/2/1966, which is a part of F R 22 in Swamy's Fundamental Rules The aforesaid Government instruction starts with the aforesaid heading "Removal of anomaly by stepping up of pay of Senior on promotion drawing less pay than his junior. It is laid down therein as follows:-