SAMBHU YADAV Vs. THE SECRETARY, DEPT. OF REVENUE

JUDGEMENT

(1.) THE applicant has been working as a Peon (Group 'D') w.e.f. 1.8.1994 in the office of the respondent no.3. According to him, the Peons were taking departmental examinations for promotion to the post of LDCs as provided in the Recruitment Rules. However, the said examination has been discontinued from 2003. Due to this, the Peons are stagnating in Group 'D' post. They cannot become LDCs although they are eligible as per the existing Recruitment Rules to be considered for promotion against available vacancies. The applicant has been making several representations to the department to ascertain as to why the departmental examination for promotion to LDC posts is not being conducted. However, according to him, the respondent no.2 has been evading response to his queries. Therefore, aggrieved by inaction on the part of the respondents, the applicant has been forced to approach this Tribunal by filing this OA. He has sought the following reliefs: -

(2.) THE applicant has contended that inaction of the respondents is violative of Article 14 and Article 16 of the Constitution since the applicant has been forced to continue as a Group 'D' employee in an arbitrary and discriminatory manner. Even the 6th CPC's recommendations as accepted by the Government lay down that no post of Group 'D' should exist after 29.8.2008. Despite that, the respondents are retaining the applicant against such a post in violation of CCS (RP) Rules, 2008. Further the applicant has stated that discontinuance of the departmental exam by the respondents is without any reason since vacancies still exist. Moreover, the Recruitment Rules which came into force w.e.f. 21.1.1977 for the post of LDCs are still valid. He has, therefore, prayed that his OA may be allowed.

(3.) WE have considered the submissions made by both sides and have perused the material on record.