RAJIV SHARMA Vs. GNCTD

JUDGEMENT

(1.) In the present writ petition under Art. 226 of the Constitution of India, as originally filed, the following relief clauses were prayed:-

(2.) Writ petition is filed by four petitioners. The relief clauses, it is seen, fall under basically two heads. One is the claim of the petitioners to be appointed on current duty charge basis to the higher post of Executive Engineer/Manager (Technical)-Civil. Petitioners seek performing of the current duty charge to the higher post of Manager (T)-Civil from their present posts at the time of filing of the writ petition where the petitioners were working as Assistant Executive Engineers/Assistant Managers (T)-Civil. The second head of the relief is the claim of the petitioners for preparation of seniority list in the present post which they are occupying of Assistant Executive Engineers, and which relief is predicated again only for appointment to the current duty charge post of the higher post of Executive Engineer/Manager (T)-Civil. The writ petition originally was filed on 12.5.2003.

(3.) After hearing counsel for the petitioners at great length with respect to the claim of the petitioners to seek appointment as current duty charge appointments to the post of Manager (T)-Civil, it transpired that the claim of the petitioners to the current duty charge post of Manager (T)-Civil was on the basis of respondent nos. 5 to 7 not possessing the degree qualification in Civil Engineering and hence these respondent nos. 5 to 7 being allegedly unfit for appointment to the current duty charge to the post of Executive Engineer/Manager (T)-Civil, however, it transpired that for appointment to the post of Executive Engineer/Manager (T)-Civil there was also a requirement of five years experience, and petitioners, admittedly, did not have five years experience requirement. Petitioners hence did not qualify as regards the experience requirement of the post of Executive Engineer/Manager (T)-Civil as petitioners did not have the necessary five years experience. It was also seen that the current duty charge of the post of Executive Engineer/Manager (T)-Civil was without any extra monetary remuneration, and as admitted by the petitioners in para 9 of the writ petition. Accordingly, learned counsel for the petitioners, on instructions from the petitioners, has not pressed the relief of petitioners being given the appointment as current duty charge holders of the higher/promotion post of Executive Engineer/Manager (T)-Civil.