J L RAZDAN Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been filed for issuance of a writ of mandamus for directing the respondent to hold meetings of review D.P.C.(s) for the post of Superintending Engineer and further to the post of Chief Engineer in respect of all D.P.C.(s) subsequent to the D.P.C. wherein the name of the immediate junior of the petitioner in the grade of Executive Engineer was considered for promotion and, it found fit, to promote the petitioner with effect from the date he was found entitled to such promotion with all consequential benefits.

(2.) The petitioner joined the services of the respondent, Delhi Development Authority, (hereinafter referred to as the 'Authority') on October 7, 1972 as an Assistant Engineer. Prior to that the petitioner was holding a commissioned rank in the Army having joined the same as Short Services Regular Commissioned Officer. It is alleged in the petition that after being released from the Army and at the time of joining the Authority, the pay of the petitioner was fixed, taking into consideration the services rendered by him in the Army. He was not, however, given the benefit of service rendered in the Army for the purposes of seniority and further promotion. The petitioner made numerous representations and he was given his right placement in the cadre of Assistant Engineer (Civil) vide order dated November 21, 1986. This order is filed as Annexure P-1 to the petition and reads as follows: "E.O.No-3894 dated 21.11.1986 In accordance with the advice of the Ministry of Urban Development contained in their letter No. K-11011/42/83-DDVI Vol.II dated 22.8.1985 and the Resolution No. 58 dated 30.6.86 of the Authority, Sh. J.L. Rajdan is assigned placement in the cadre of AEs (Civil) between S.No.6 and 7 i.e. below Shri Banarsi Dass and above Sh. Chandok Banerjee in the approved/notified seniority list of AEs (Civil) circular No. F7(2)/71/GAI dated 16.12.74 and modified vide E.O.No. 3229 dtd. 8.11.78. This will not entitle him to any financial benefit and payment of arrears on this account. The deemed date of his appointment will be 24.12.1966. This issues with the approval of VC, DDA."

(3.) The petitioner contends that he was entitled to be assigned proper seniority in the cadre of Assistant Engineer in terms of Rule 6 of the Released Commissioned Officers and Short Service Commissioned Officers Rules.