KAMARUDDIN Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) In this Writ Petition, the challenge is made to the Order dated January 27, 2012 passed in O.A No.3836/2010 and to the order dated March 14, 2012 passed in R.A No.73/2012 in O.A No.3836/2010, whereby the O.A and the R.A filed by the petitioner have been dismissed.

(2.) The brief facts are that the petitioner is working as Carpenter in CPWD w.e.f. July 25, 1989. The next promotion post is Works Assistant. The promotion is regulated in terms of the rules known as Central Public Work Development (supporting officers), Works Assistants and Road Inspectors Recruitment Rules 1970, framed under the powers conferred by proviso to Article 309 of the Constitution of India. A relevant amendment was made to the rules in the year 1978, which, inter-alia, stipulates that for promotion to the post of Works Assistant, a separate competitive departmental test (theoretical and practical) will also be held. The person for appointment to the post will be selected from amongst the carpenters, mason, blacksmith, plumbers and painters, on the basis of merit in the test. The petitioner appeared in the departmental test in the year 2002 and was placed at serial no.71 on the basis of 56 marks obtained by him. Another test was held in the year 2003. A combined list/ panel was prepared, of the successful candidates who had appeared in the departmental test of 2002 & 2003. The petitioner was placed at serial no.50 of that particular list. From time to time, the promotions to the post of Works Assistant were being made from the panel.

(3.) It is the case of the petitioner before the Tribunal that persons with lesser marks have been promoted to the post of Works Assistant overlooking his claim. He also states that a seniority list dated April 26, 2010, wherein the name of the petitioner is at serial no.13 was duly summoned by the appointing authority and the entire period of the petitioner was produced before the selection committee but he has not been promoted. Instead they have conducted a fresh trade test. He relied upon a judgment passed by the Tribunal in the case of Balister vs. Union of India in O.A NO.411/2004, decided on November 16, 2004.