PRATIGYA Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) THIS writ petition is filed by one Ms. Pratigya seeking appointment by promotion to the post of Senior Librarian -cum -Instructor. Petitioner was appointed as a Junior Librarian -cum -Instructor with the respondent no. 2 vide letter dated 4.2.2004. The petitioner successfully completed her probation period and was accordingly vide letter dated 30.8.2006 of the respondent no. 2 held to have successfully completed the probation period.

(2.) ON 30.9.2008, one Sh. Y.N. Gaur who was a Senior Librarian -cum -Instructor was retired. Petitioner claims that petitioner should be appointed to that post and there should not be recruitment by means of deputation or direct recruitment to the post. On behalf of the petitioner, it is not disputed that the relevant promotion and recruitment rule for appointment to the post of Senior Librarian -cum -Instructor of the respondent no. 2 is as under: -

(3.) IN view of the aforesaid recruitment rule, for the post of Senior Librarian -cum -Instructor, a Junior Librarian such as the petitioner can only claim appointment if the Junior Librarian has completed 8 years of service. Petitioner was admittedly employed as Junior Librarian -cum -Instructor only on 4.2.2004 and therefore, as on date when vacancy arose on 13.9.2008, petitioner did not have the requisite qualifications of 8 years in service. Petitioner was woefully short by around 3 1/2 years of service.