RAKESH VERMA Vs. GOVERNMENT OF NCT AND ANR.

JUDGEMENT

(1.) BY this writ petition, the petitioner who was an employee of the respondent no. 4 school was given benefit of promotion to the post of Head Clerk w.e.f. 31.03.1994, (the effective date given by the respondent no.2 for promotion) has sought the benefit of promotion from an earlier date i.e. 18.11.1986, when the petitioner completed the eligibility period for promotion to the post of Head Clerk. The facts of the case are that the petitioner was appointed as an Upper Division Clerk(UDC) in the respondent no. 4 school on 16.11.1983. The petitioner became eligible as per the Rules for promotion to Head Clerk on 18.11.1986 i.e. after working for three years as a UDC. The petitioner, therefore, on 11.02.1987 made a representation to respondent no. 4 to promote him to the post of Head Clerk and the petitioner kept on making representations till the year 1992. Nothing was however, heard on the representations. The respondent no. 4 school, ultimately convened a DPC for considering the case of the petitioner for the post of Head Clerk on 31.03.1994. The DPC recommended the petitioner fit for promotion to the post of Head Clerk and gave the effective date of promotion as 18.11.1986.

(2.) SINCE the respondent no. 4 school is an aided school i.e. 95% of the financial requirements are met by respondent no.2/ Director of Education, on the case being put up of the petitioner before the respondent no.2, the respondent no.2 vide letter dated 29.01.1996 accepted the recommendation of DPC, subject to the condition that promotion to the petitioner was to be granted to the post of Head Clerk not from 18.11.1986 as recommended by the DPC but from 31.03.1994 i.e. from the date when the DPC was held. It is this communication dated 29.01.1996 which is challenged by the petitioner seeking change of the date of his promotion from 31.03.1994 to an earlier date of 18.11.1986.

(3.) SO far as the first argument urged on behalf of the petitioner is concerned, one will have to refer to the relevant portion of para 7 of the judgment in Janakiraman (supra), which reads as under: -