UNIVERSITY OF DELHI Vs. K N PANDEY

JUDGEMENT

(1.) These two Letters Patent Appeals arise out of a judgment and order dated 28.05.2002 passed by a learned Single Judge of this Court in C.W.P. No. 2357 of 1993 whereby and whereunder the writ petition filed by the respondent herein was allowed. The common questions of law and fact are involved in these appeals, the same are being disposed of by this common judgment.

(2.) The basic fact of the matter is not in dispute. The respondent herein joined G.D. Salwan College (hereinafter for the sake of brevity referred to as, 'the said College') as a Library Attendant on 18.08.1971. He was appointed as a Library Clerk Cum Typist (in short, 'LCCT') on 18.04.1974. Indisputably, he was confirmed as Lower Division Clerk (in short, 'LDC' ) on 26.04.1975. The Management of the said College, however, was taken over by Delhi College of Arts & Commerce ( hereinafter for the sake of brevity referred to as, 'DCAC') on 30/31.05.1991, whereafter he was promoted as Assistant / Upper Division Clerk ( in short, 'UDC') pursuant to or in furtherance of the recommendations made by the Departmental Promotion Committee (in short, 'DPC') dated 16.02.1991. He was confirmed in the said post on 27.08.1992. As per the prevalent practice, the approval of the appellant/University in relation to promotion of the appointment of the respondent herein was sought for from the University, which having been refused, the said writ petition was filed.

(3.) The contention raised in the counter affidavit filed on behalf of the appellant/University to the said writ petition was that the respondent herein having been appointed in the Library Cadre, he could not have been brought back to the General Cadre for the purpose of grant of promotion. Furthermore, according to the appellants, promotion to the respondent herein in the Library Cadre was also not permissible in view of the fact that he did not possess the requisite qualification.