JAGNOHAN SWAROOP Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule D.B.

(2.) . On 27th May 1971 the Petitioner was appointed as a Junior Engineer with Delhi Development Authority ( for short 'DDA'). The Petitioner was promoted to the post of Assistant Engineer on 29th October 1980 when he was a diploma holder. The Petitioner, however, acquired the degree in Electrical Engineering in June, 1984. The next promotional post in the cadre is that of Executive Engineer (Electrical). The Petitioner claims that on 29th October 1988 having completed 8 years service as Assistant Engineer he became eligible for promotion to the post of Executive Engineer (Electrical). In 1989 DDA constituted a Departmental Promotion Committee but the case of the Petitioner was not considered and on the contrary it recommended persons junior to the petitioner for promotion to the post of Executive Engineer. On the recommendations of DPC the DDA on 24th October 1989 promoted Ram Avtar Sharma. Admittedly, in the feeding cadre of Assistant Engineers (Electrical/Mechanical) Sharma is junior to the Petitioner. In the seniority list the Petitioner is shown at Serial No. 28 and Sharma at Serial No. 30. It appears from the said list that Sharma acquired the qualifications of degree in the year 1980. The petitioner made representation to DDA to consider him for promotion. The Petitioner was informed by DDA by letter dated 14th November, 1990 that his request for promotion from the post of Assistant Engineer(Electrical) to Executive Engineer(Electrical) will be considered at appropriate time. The Petitioner claims that he is entitled to be promoted as Executive Engineer atleast from the date when his junior Sharma was promoted.

(3.) . The rule relevant for recruitment for the post of Executive Engineer (E/M) has been extracted in the counter affidavit of DDA. A photostat copy of the said Rule has been produced before us in court. It reads as under:- <FRM>JUDGEMENT_226_DRJ35_1995Html1.htm</FRM>