PREM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks two substantive prayers. (i) First, that communication dated 02.02.2001, issued by respondent no.2 i.e., Indian Institute of Technology, Delhi (hereinafter referred to as I.I.T) calling upon the petitioner to appear for test and interview for the post of UDC (SG), in the pay scale of Rs.1400 -2600, be quashed. This prayer is sought on the ground that the petitioner was already holding a pari materia post of Assistant (Accounts), which was, carrying a higher pay scale of Rs.1640 -2900.

(2.) IN order to appreciate the challenge laid by the petitioner, it would be necessary to detail out the broad contours of the case : -

(3.) IT is around this time, that is, on 02.02.2001, that the petitioner received the impugned communication calling upon him to appear in the test / interview to be held on 18th and 22nd January, 2001 respectively, under the R & CD Scheme for the purpose of ante -dating his selection under the provisions of the said scheme w.e.f. 13.09.1986. 4.1 The impugned communication clearly indicated that the petitioner had been appointed to the post of UDC, on 01.06.1983, in the pay scale of Rs.330 -560 and, thereafter, was appointed as Assistant (Accounts) through an open selection in the pay scale of Rs.1400 -2600, w.e.f. 08.05.1992. Having completed eight years as UDC (since he was eligible for section as UDC (SG) in the pay scale of Rs.1400 -2600 w.e.f. 01.06.1991), he had been asked to appear in the test / interview for the post of UDC (SG). 4.2 The impugned order also noted that since, the petitioner, had got appointed as Assistant (Cash) / Assistant (Accounts), his cadre and line of promotion, had changed. The ladder of selection for the two cadres under the R & CD Scheme were indicated, which for the purposes of convenience are extracted hereinbelow : - Group 'C ' LDC UDC UDC (SG) Group 'C/B ' UDC (Cash) Asstt. (Cash) Asstt. (Cash)(SG) 4.3 In nutshell, the petitioner was told that if he, was desirous of ante -dating his selection to the post of UDC (SG), under the R & CD Scheme w.e.f. 01.06.1991, he would have to take the test. 4.4 The petitioner, being aggrieved, challenged the impugned communication dated 02.02.2001 by way of instant writ petition. Notice in the petition was issued on 20.02.2001. As noted hereinabove, interim relief was denied to the petitioner for the reason he chose not to take the test though, by virtue of the impugned order, he had been given an opportunity to that effect. It also appears upon on a reading of this Court 's order dated 06.02.2002, that respondent no.2 was perhaps willing to give the petitioner another opportunity, which of course, the petitioner, declined.