PRADEEP KUMAR MEENA Vs. KHADI GRAMADYOG BHAWAN

JUDGEMENT

(1.) The petitioner, who, belongs to the Scheduled Tribe was appointed as a Peon in Khadi Gram Udyog Bhawan. New Delhi on 9/11/1990. Thereafter, the petitioner passed secondary examination in 1994. According to Service Rules a Class IV (Group D) employee is eligible to be promoted to the post of LDC or Salesman-Ill, Class III (Group C) post provided he has passed the matriculation or equivalent examination from a recognised Board or University and has also to his credit the three years of completed service in Group D post. Since the petitioner qualified the above said conditions, therefore, he requested the respondent to promote him to a Class III post. At that time 12 posts of LDCs including two posts for SC quota were lying vacant.

(2.) Khadi & Village Industries Commission, Bombay (to be referred as KVIC henceforth) Head Office issued/circulated the Standing Order No. 1536 dated 6.6.1996 superseding/modifying the earlier standing orders relating to the appointment of Class-IV employees to the post of LDC and added the following third guideline:

(3.) He again requested that he should be permitted to appear in the type test. The Manaager, Khadi Gramadyog Bhawan (to be referred as KGB henceforth) replied that no sanctioned post of LDC was lying vacant. The petitioner sent another representation dated 25.9.1997. The Grievance Officer of KVIC wrote to Director(Marketing) KVIC, Mumbai, that the grievance of the petitioner should be looked into vide letter dated 25.9.1998. The petitioner also learnt that a letter had been sent by Director Marketing, KVIC, Mumbai in the month of March, 1998 to the Manager KGB, New Delhi, to look into the grievances of the petitioner. Deputy Director(Marketing), KVIC, Mumbai wrote a letter to the Manager of KGB, New Delhi where it was stated that KVIC had no objection if the petitioner was asked to appear for type test. The petitioner appeared for type test on 9.8.1999. Petitioner qualified the type test.