DES RAJ Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the reply/letter dated 28.5.2013 (Annexure P -10) whereby the claim of the petitioner for promotion to the post of Library Restorer was rejected.

(2.) CASE of the petitioner, in brief, is that petitioner was appointed on 11.8.1977 as temporary Library Attendant and thereafter his services were confirmed. In the year 1987, petitioner moved a representation seeking promotion to the post of Library Restorer. However, at that time, petitioner was not promoted to the post of Library Restorer whereas the other employees, who were not eligible, had been promoted. In April 2003, again post of Library Restorer fell vacant. Petitioner moved a representation that his case be considered for promotion. Representation moved by the petitioner was duly recommended by the Principal and Departmental Promotion Committee. However, in December 2004, respondents published an advertisement in the newspaper with regard to filling up of vacancies of Library Restorer. Aggrieved against the said action of the respondents, petitioner approached the Civil Court. In the meantime, petitioner was informed that respondent No. 2 vide letter dated 9.8.2005 had modified the qualifications qua eligibility for promotion to the post of Library Restorer. The suit was dismissed as infructuous. Respondents again published an advertisement for the post of Library Restorer in the newspaper on 26.8.2005. Again respondents published an advertisement in the newspaper inviting applications for the post of Library Restorer in the year 2007. Respondent No. 5 again recommended the name of the petitioner vide letter dated 18.11.2007. As per rules, minimum qualification for the post of Library Restorer was Matric. Petitioner served a notice dated 17.4.2013 on the respondents with a prayer that the case of the petitioner be considered for promotion to the post of Library Restorer. However, vide the impugned letter, request of the petitioner was declined. Petitioner being matriculate, was eligible to be appointed to the post of Library Restorer.

(3.) DURING the course of arguments, learned counsel for the petitioner has placed on record letter dated 4.2.2005 which finds reference in Annexure P -10. As per the said letter, the requisite qualifications for the post of Library Restorer are as under: -