RAKESH KUMAR BHARDWAJ Vs. D D A

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20th December, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellants herein. The appellants were engaged by the respondent as Mali/Beldar at different points of time without following the procedure laid down for recruitment to the said post of Mali/Beldar. The initial appointments of the appellants were irregular and illegal and in violation of the Recruitment Rules.

(2.) Officers of the respondent did not stop at that but went on to take work of Group-C post from the appellants. Group-C posts can be filled up in accordance with the Recruitment Rules. Copy of the Recruitment Rules for appointment to the post of LDC has been placed on record. 75% recruitment to the said post, in the pay scale of Rs.3050-4590 is by direct recruitment and 25% posts are to be filled up by way of promotion from regular Group-D employees. Minimum educational qualifications are also prescribed under the Recruitment Rules. A person must have 60% marks in Matriculation or a second division at Graduation. In addition, he should know typing. In case of promotion from Group-D employees, requirement of minimum marks is not applicable but such employee must meet the education qualifications.

(3.) The appellants herein cannot claim themselves to be regular Group-D employees. Therefore, as per Recruitment Rules they could not have been promoted as LDCs. Promotion from Group-D as per Recruitment Rules is by simple test (15%) and 10% by seniority. It appears that the appellants were not only engaged through back door without selection but were also given promotion through back door by some of the officers of the respondent who are responsible for the present anomalies.