UNION OF INDIA AND OTHERS Vs. G. VIJAYAN

JUDGEMENT

(1.) The respondents in the original application are stated as aggrieved by the interim orders passed by the Tribunal, giving a direction to convene DPC to fill up the posts of Stores Officer in DRDO. Issue projected in both the cases is almost similar and hence they are dealt with together. Pleadings and proceedings are referred to as given as in O.P.(CAT) No. 38 of 2018.

(2.) Heard the learned Assistant Solicitor General representing the Union of India and Sri.S.Radhakrishnan, learned counsel for the respondents/applicants.

(3.) The course and events reflected from the materials before this Court show that despite the availability of vacancies, no steps were being taken by the Department to convene a DPC for promotion to the post of Stores Officer. The laxity on the part of the Department was with reference to an O.M issued by the DoP&T and the proceedings pending consideration before the Apex Court. The request made by the petitioner to convene DPC was turned down by the employer stating that some clarifications were to be obtained as per Annexure A2. The case projected by the petitioners is that, in connection with the appointment, an O. M was issued by the DoP&T on 10.08.2010 as to the filling up of the vacancies, which provided that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against the unreserved slots in the roster, irrespective of the fact whether the promotion is made by selection or a nonselection method.