SANGEETA JAMES AND OTHERS Vs. UOI AND OTHERS

JUDGEMENT

(1.) Rule DB was issued in this matter on 19.02.2002. The writ petition was allowed by the judgment dated 30.09.2011. Subsequently, a Review Petition filed by respondent No.4 (private respondent) was also dismissed. A Civil Appeal filed before the Supreme Court of India was decided by an order of 02.05.2014 by virtue of which the appeal was allowed and the matter was remitted back to this Court for de novo consideration after hearing counsels for all the contesting parties. This is the fifth round of litigation between the parties.

(2.) The petitioners herein and respondents No.3 to 7 (private respondents) were working in the office of the Director, Central Hindi Directorate. They were appointed as LDCs on the following dates:- <FRM>JUDGEMENT_297_LAWS(DLH)2_2017_1.html</FRM>

(3.) The appointment, recruitment and qualifications in respondent No.2 are governed by the Central Hindi Directorate Rules notified on 04.06.1977. As per the Rules, the posts of Upper Division Clerks are required to be filed up 75% by promotion against Lower Division Clerks working in the CHD/CSTT and having 8 years experience in the grade and the remaining 25% of the posts as Upper Division Clerks are to be filled by promotion on the basis of competitive examination from amongst Lower Division Clerks working in CHD/CSTT and having at least 5 years service in the grade. The first vacancy under 25% quota became available in 1982 which was reserved for Scheduled Tribe. The next vacancy became available in 1989 and efforts were made in 1990 to hold the test but it could be held on account of administrative reasons. The vacancies falling under 25% quota could be filled up on regular basis but were filled on adhoc basis. As per the petitioners, the said vacancies fell vacant in the following years:- <FRM>JUDGEMENT_297_LAWS(DLH)2_2017_2.html</FRM>