MCD Vs. RAJ KUMAR

JUDGEMENT

(1.) IN both these appeals common issue is raised namely promotion from the post of Garden Chaudhary to Section Officer. As per the MCD, the workmen in both the cases do not fulfill the eligibility conditions and were given promotions. For convenience, we take note of facts in LPA 78 of 2012.

(2.) BY this intra court appeal preferred by the appellant Municipal Corporation of Delhi (MCD), filed under Clause 10 of Letter Patents Act, the MCD questions the validity of judgment dated 2.12.2011 passed by the learned Single Judge of this Court in Writ Petition (C) 11737/2009 which was preferred by the MCD challenging the Award dated 24.3.2009 rendered by the Industrial Tribunal-I in favour of the respondent workman herein. Vide the said Award, the Industrial Tribunal has held that the workman is entitled to be promoted from the post of Garden Chaudhary to that of Section Officer from the date when the juniors to him were promoted. He was granted consequential benefits including monetary or otherwise as well. The learned Single Judge has modified this Award by holding that the respondent would be entitled to ad-hoc promotion as Section Officer as was given to other 9 Garden Chaudharies named in Office Order dated 29.9.2000. The controversy falls in a narrow compass. As per the MCD, such a direction was impermissible because of the reason that the respondent does not fulfill the eligibility conditions for promotion to the post of Section Officer as per the extant Recruitment Rules, and, therefore, he has no right to seek promotion to the said post. The Recruitment Rules for the post of Section Officer (Horticulture) as framed by the MCD inter alia stipulates the following educational and other qualifications:- "7.Educational and other qualifications Prescribed for direct recruitment Essential: Degree in Agriculture or in Science with Botany as a subject from a recognized University or equivalent. Desirable Experience in the field of ornamental Horticulture/landscape Gardening. 8.Whether age and educational Age: No. qualifications prescribed for Qualifications: Yes. direct recruits will apply in the case of promotes: 11. In case of rectt. BY promotion/deputation (i) Nursery Record Transfer, grades from which promotion/ Keeper with 5 years Deputation/Transfer to be made. Service in the grade. (ii) Choudhary with 12 years regular service in the grade. Note: The eligibility for promotion shall be prepared with reference to the date of completion by the officers of the prescribed qualifying service in the respective grade post."

(3.) IN R.S. Garg Vs. State of U.P. (2006) 6 SCC 430 the Supreme Court relying on its earlier decision in Suraj Prakash Gupta Vs. State of J & K (2000) 7 SCC 561 held as under:-