DELHI JAL BOARD Vs. SHARAD KUMAR

JUDGEMENT

(1.) THE petitioner, Delhi Jal Board, has challenged the order dated 18th May, 2010 passed by Central Administrative Tribunal, Principal Bench, New Delhi in T.A No.727/2009 titled "Sh.Sharad Kumar v. Chief Executive Officer, Delhi Jal Board & Anr." directing the petitioner to consider the claim of respondent for the post of Chief Water Analyst under 20% carved out quota from the feeder cadre of Bacteriologist within three months from the date of receipt of the copy of the order.

(2.) BRIEF facts to comprehend the controversy are that the respondent filed a writ petition being W.P(C) No.3276/2007 praying inter-alia to issue a writ in the nature of certiorari for quashing/setting aside proceedings/result dated 17th April, 2007 of DPC held on 15th March, 2007 qua Sh.Vinod Kumar and for issue of a writ in the nature of mandamus directing the petitioner to consider the respondent for regular promotion as Assistant Chief Water Analyst (hereinafter referred to as "ACWA"). The respondent had impleaded Sh.Vinod Kumar as respondent No.2 in the said writ petition filed before the High Court which was later on transferred to Central Administrative Tribunal and was registered as TA No.727/2009 titled as "Sh.Sharad Kumar v. Chief Executive Officer and Anr."

(3.) THE grievance of the respondent as pleaded in the writ petition No.3276/2007 was that the petitioner had promoted four junior Chemists to the post of ACWA on the basis of ratio of 80:20 though the respondent and Sh.Rakesh Chandra Bahukhandi were senior most in the combined seniority of both cadres of Chemist and Bacteriologist. THE respondents plea was that he was promoted as ACWA on adhoc basis on 29th October, 2004 subject to the outcome of writ petition No.4321/1997 and since then he has been working as ACWA on adhoc basis. THE respondent asserted that in the combined seniority list his name is at serial No.8.