N C JAIN Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) Rule. The writ petition has been filed by the petitioners who are employed with the respondents as Assistant Engineers (Civil) and are working on the said post for more than 24 years. Petitioners no. 3,4 & 5 are presently working as Executive Engineers (civil) on ad hoc basis. The petitioners are working on the said post for more than twenty four years against the prescribed qualifying service period of eight years for promotion to the post of Executive Engineer (Civil). It is the case of the petitioner that they are within the zone of consideration for promotion to the post of the Executive Engineer (Civil) as per seniority list 30.11.96 circulated on 16.1.97. Their grievance is that the respondents have not held regular DPC meetings since September, 1995 and the vacancies to the post of Executive Engineers (Civil) have been filled up time and again by promoting Assistant Engineers (Civil ) on ad hoc basis. As on date, 17 posts of Executive Engineers (Civil) are to be filled up through DPC on regular basis against the total sanctioned strength of 26 Executive Engineers.

(2.) Mr. Kaushik counsel for the petitioner contends that the petitioners are fully entitled to be considered for promotion to the post of Executive Engineer (Civil) against the regular vacancies if a regular DPC meeting is held by the respondent.

(3.) In the counter affidavit filed by respondent/NDMC, plea taken by the respondent is that the DPC which was held under the old recruitment rules was not approved by the UPSC and as such the promotion of Group A employees could not take place and therefore, as a stop-gap arrangement the NDMC has made ad hoc promotions of petitioners 1 & 2 to the post of Executive Engineer which is a Group A post, although there are five petitioners. The stand taken by respondent/NDMC is that the new recruitment rules framed by the NDMC have been approved by the UPSC and the rules are yet to be notified and published in the official gazette and promotion to all Group A post shall be made after the notification of the new recruitment rules. Therefore, the respondent/NDMC is unable to consider the petitioners for promotion pursuant to the old rules.