YOGENDER SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioners joined the Delhi Administration Subordinate Service (DASS) in early eighties on ad-hoc basis but later on in 1997 as a result of legal battle they were regularised from the dates of their initial appointment. There were four Grades in DASS, Grade I, Grade II, Grade III and Grade IV. Before 1972 the employees of the Development department, who were holding ex- cadre non-gazetted technical posts of Horticulture Asstt., Extension Officers(Agriculture) SDA etc. were not eligible for being promoted to Grade-I of DASS but in May, 1972 those posts were also included in the feeder line for promotion to Grade-I of DASS cadre by way of amendment in Rule 6 of the Delhi Administration Subordinate Service Rules. After the inclusion of these ex-cadre posts in the feeder channel for promotion to Grade-I of DASS some officials from the Development Department holding such ex-cadre technical posts were promoted to Grade-I during the period from 1972 to 1992.

(2.) The amendment in Rule 6 in 1972 and promotions to Grade-I of DASS of the employees of Development Department from 1972 to 1992 do not appear to have been challenged by any other category of employees of DASS including those employed in the Development Department during that long period.

(3.) Even though the petitioners were regularized in 1997 and on completion of five years of regular service from 1984 they became eligible to be promoted to Grade I as per the Rule 6 (as amended in 1972) but they were not considered for promotion because in the meantime vide notification dated 2.11.1992 the Government had excluded the ex-cadre posts of Horticulture Asstt. etc. in the Development Department from the feeder channel for promotion to Grade-I in DASS. Representations were made by the petitioners for their promotion to Grade-I of DASS wherein they challenged the validity of the said notification dated 2.11.1992. It appears that by that time only 19 employees including the present 17 petitioners were left in the Development Department and the Government had stopped fresh recruitments in the Development Department and considering the fact that the Development Department was going to be wound up and in order to secure the future of the 19 employees left in that Department the government vide order dated 2.6.2000 reverted those 19 employees including the present petitioners back to the position which existed for them prior to the issuance of the above referred notification dated 2.11.1992 whereby the ex-cadre posts of the development department occupied by them were excluded from the feeder channel for promotion to Grade-I of DASS. Later a notification dated 21/01/2002 was also issued to the same effect specifying that 19 employees of Development Department holding ex-cadre posts of Horticulture Assistants etc. would be promoted as Grade-I DASS from the dates they became eligible.