RITA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was appointed Stenographer Grade 'D' in 1989. She thereafter staked her claim for promotion to Grade 'C' (Grade II) and was selected by DPC and placed at Sr.No.3 of select panel. It seems that candidates figuring at Sr.No.1 & 2 failed to join within time and later the one at Sr.No.2 filed OA 1169/99 for being given the benefit of promotion. His OA was, however, dismissed by order dated 4.11.1999. Subsequently petitioner represented on 19.11.1999 and asked for being promoted to the post. Her claim was not accepted also because of some ban on appointments which had come into force meanwhile. She then filed OA 231/2001 which was opposed by respondent on the plea that one year life of select panel hasving expired, she could not be promoted. Tribunal consequently dismissed her OA in limine, holding that life of the DPC panel was one year under some Rules and, therefore, petitioner was not liable to be promoted. Hence this petition.

(2.) Petitioner's short grievance is that Tribunal had misdirected itself because no rule in force posed any impediment to her promotion.

(3.) Respondents have filed counter taking the stand that life of the select panel drawn up by DPC for a selection post was only one year under DP & T OM No. 22011/5/86-Estt(D) dated 10th April, 1989. Para 17.13.1 and on this analogy respondent No.2 had also, taken a decision to prescribe one year for non-selection post.