GURPREET SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE applicant, who is working as Deputy Electrical Inspector on regular basis w.e.f. 17.03.2009, filed the OA, seeking a direction to the respondents to promote him to the said post on regular basis w.e.f. 31.03.2008, instead of 17.03.2009, and for consequential seniority.

(2.) THE factual matrix of the case is that the applicant was appointed as Electrical Overseer on 27.04.1984. He was promoted as Assistant Electrical Inspector (in short, AEI) on regular basis on 29.10.2004. Three additional posts of Deputy Electrical Inspector (in short, DEI) were sanctioned on 31.03.2008. The applicant was promoted as DEI on ad hoc basis on 26.08.2008. He was promoted as DEI on regular basis on 17.03.2009. The representations of the applicant seeking retrospective promotion to the post of DEI w.e.f. 31.03.2008, i.e., the date on which three posts of DEI were sanctioned, were rejected by the respondents vide the impugned Annexure A1 dated 18.04.2013. Hence, the present OA.

(3.) THE learned counsel for the applicant submits that three clear substantive vacancies of DEIs were sanctioned on 31.03.2008. On the said date, as the applicant was fully qualified and eligible for promotion to the said post, he is entitled for regularization of services as Deputy Electrical Inspector w.e.f. 31.03.2008. It is also contended that the respondents have granted retrospective promotion to certain others, in the similar circumstances, and hence, he is also entitled for the same benefit. Alternatively, the applicant submitted that in any event, he is entitled for promotion on regular basis w.e.f. 26.08.2008, i.e., the date from which he had been continuously working on the said promotional post on ad hoc basis, before his regular promotion. The respondents failed to follow the model calendar for holding DPC and for their delay, he should not be put to loss. He placed reliance on a judgment of this Tribunal in OA No. 2076/2008 with OA 675/2009 dated 27.07.2009, and also on a judgment of the Hon'ble High Court of Delhi, dated 28.02.2012 in WP (C) No. 5549/2007.