H R SAINI Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner who possesses a degree of Master of Education and a degree in Master of Arts was appointed as Assistant Education Officer in the Municipal Corporation of Delhi (hereinafter referred to as the Corporation) on 3rd May, 1961 vide Annexure-11 to the amended writ petition in the scale of Rs. 300- 650. With effect from 1st July, 1970 the Middle & Higher Secondary Schools were transferred to and taken over by the Delhi Administration. The said transfer took place on certain terms and conditions approved by the President. Consequent to this transfer the services of three Assistant Education Officers including the petitioner and one Science Consultant were also transferred to the Delhi Administration w.e.f. 1st July, 1970. As per the terms and conditions, all the employees of the Corporation to be absorbed in the service of Delhi Administration were to be placed in a separate. The employees of the Education Department, Delhi Administration other than those in the Special Cadre were to be called as 'Administration Cadre'. All the transferred employees were given the protection of pay and allowances and benefit of continuity of service for all purposes including seniority etc. On 18th January, 1973 the President of India sanctioned that the service rendered by the absorbed employees under the local bodies including the Corporation would be treated as government service subject to fulfilment of other conditions mentioned therein. On the said transfer all the Assistant Education Officers of the Corporation were equated with the Education Officers/Assistant Director of Education/Education Officer. The next rank higher to the post of Assistant Director of Education/Education Officer was the post of Deputy Director of Education in the Delhi Administration. This promotion was to be made as per the Delhi Administration (Class-1) Recruitment Rules, 1967 framed by the President of India in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. The method of recruitment to the post of Deputy Director of Education was by promotion failing which by transfer, failing which by direct recruitment. The minimum qualifications required for promotion was five years' service in the grade of Assistant Director/Inspector of Schools.

(2.) It is the case of the petitioner that on the retirement of one Shri R. Saran, one post of Deputy Director of Education fell vacant and he was entitled to be promoted to that post since the petitioner was seniormost in the 'Special Cadre'. Respondents No. 2 to 5 were promoted on ad hoc basis to the post of Deputy Director of Education vide orders dated 1st June, 1971 and 30th April, 1973. The petitioner has challenged the promotion of these respondents No. 2 to 5 on the ground that though he was eligible for consideration for promotion to the said post he was not considered.

(3.) It was first contended by the learned counsel for the petitioner that since the petitioner was appointed or regular basis by the Corporation in the year 1961 he was qualified to be considered for promotion to the post of Deputy Director of Education and since he was the seniormost he should have been considered for promotion. It was further contended that respondents No. 2 and 3 were not eligible for promotion to the post of Deputy Director of Education since they had not completed five years' service as Education Officers with the Delhi Administration. It was further contended that 'the petitioner had put in more than 11 years of service as Assistant Education Officer/Education Officer on the date when respondents No. 2 to 5 were 'promoted on ad hoc basis and since the petitioner was the seniormost he should have been first considered for promotion. According to the petitioner, there was a quota to be fixed for promotion from both the Cadres on the basis of year to be calculated as on the last day of the last academic session which according to the petitioner would be 1:6 i e. one from 'Special Cadre' and six from the 'Administration Cadre'.