SMT. MANJULA R., LDC Vs. UNION OF INDIA, THROUGH THE DIRECTOR GENERAL, THE STATION DIRECTOR, THE DIRECTOR AND KANIKA CHAKRAVARTI, LDC

JUDGEMENT

(1.) THIS application has been filed under Section 19 of the Administrative Tribunals Act, 1985 by one Smt. Manjula R. to

(2.) THE Applicant who was appointed as LDC in the office of the DG, AIR, New Delhi on 08.10.1987 came to Ahmedabad in 1990 on request transfer. She was transferred to Bhavnagar on or about 01.04.2000 and was retransferred to Ahmedabad w.e.f. 21.12.2001. The Applicant got promotion as UDC and was posted to AIR Bhuj. Due to family circumstances, the Applicant was constrained not to accept the promotion and was debarred from promotion for a period of one year. She ought to have been considered for promotion after a year but this was not done while other employees were promoted by the Respondents. The Applicant sought promotion at Ahmedabad or nearby Ahmedabad after 2003. She was again promoted as UDC in the year 2008 and posted at Daman. On the other hand, one Kanika Chakravarti (Respondent No. 4) who was posted to Ahmedabad in 1992 and retained at Ahmedabad was going to be promoted as UDC and retained there itself ignoring the claim of the Applicant.

(3.) IN their reply, the Respondents have submitted that the practice/convention was that the vacancy occurring first was offered to the 1st candidate in the list/panel approved by the Departmental Promotion Committee (DPC) as per seniority/reservation, the next vacancy occurring subsequently offered to the next candidate in the list and so on. The refused promotional post is offered to the next senior candidate in the select list. The Respondent authority had followed this practice in the matter of promotion of LDCs and posting them as UDC without any deviation. It is for the Executive to decide the policy which would serve its purpose best.