M.B. SAXENA Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner Sh. M.B. Saxena for quashing of the meeting of the Minutes of the Departmental Promotion Committee (DPC) dated 20.11.1998 and for promoting the petitioner as an Assistant Security Officer w.e.f. 25.1.1968. Various persons including the petitioner were put in a merit list of appointment as Ward Inspector/Gate Keeper pursuant to their being selected in terms of a notice dated 9.5.1962 issued by the erstwhile Municipal Corporation of Delhi (Delhi Electric Supply Undertaking). Petitioner was placed at serial no. 1 in the list and one Sh. Rajinder Sharma was put at serial no. 6 in the list. Another person Mr. P.C. Chaturvedi was put at serial no. 3 in the list. There were disputes with respect to inter se seniority between the petitioner and Sh. Rajinder Sharma who was put at serial no. 6 in the merit list. An Award was passed by the Labour Court in favour of the petitioner and which Award was upheld by a learned Single Judge of this Court in CW No. 1624/1989 in case titled as Municipal Corporation of Delhi Vs. M.B. Saxena & Ors. decided on 11.3.1998. In spite of upholding the order of the Labour Court, this Court however, gave the following directions: -

(2.) ACCORDINGLY , in terms of the directions of the learned Single Judge as per the judgment dated 11.3.1998, DPC was to be held for considering the promotion of the petitioner and Sh. P.C. Chaturvedi.

(3.) BEFORE I refer to the arguments urged on behalf of the petitioner, let me reproduce the Minutes of DPC Meeting held on 20.11.1998. The same reads as under: -