MOOL RAJ Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH

JUDGEMENT

(1.) Petitioner Mool Raj, having failed in assailing the impugned order dated 13.9.2014 (Annexure P-1) challenged in O.A.No.060/00156/2015, has approached this Court through the instant writ petition under Articles 226/227 of the Constitution of India.

(2.) Mr. Vineet Chaudhary, learned counsel representing the petitioner submitted that on 17.6.1993, the petitioner joined as Steno Typist in the Government Medical College and Hospital, Sector 32, Chandigarh. The Chandigarh Administration, Department of Personnel, Chandigarh issued the Model Recruitment Rules on 7.4.1998 (for short "1998 Rules") for filling up the post of Senior Assistant in the pay scale of Rs. 5800-9200. Rule 12 of 1998 Rules provided that the feeder cadre for the purpose of promotion from amongst the Clerks/Senior Clerks, Junior Assistants, Steno-typist Grade-II, Steno-typist Grade-I having five years regular service in the cadre taken together as Clerk, Senior Clerk, Junior Assistant, Steno typist Grade-I, Junior Scale Stenographer Grade-II and Junior Scale Stenographer Grade-I.

(3.) It was also argued that in the year 1998, three vacancies of Senior Assistant became available from the feeder cadre. On 31.7.1998, Departmental Promotion Committee (for short "DPC") was convened, in which the name of the petitioner was considered at Sr.No.3 and that of private respondent at Sr.No.4. Names of two candidates, who were above the petitioner, were approved and the case of the petitioner was deferred. In the subsequent DPC held on 8.12.1998, the name of the petitioner was again kept pending. However, during the interregnum, the petitioner requested for promotion to the post of Senior Assistant. However, the respondents were denying consideration of the case of the petitioner on the plea of new Draft Recruitment Rules dated 6.6.2002, whereby Steno-typist and Junior Scale Stenographer were excluded from the eligibility cadres for promotion to the post of Senior Assistant. The claim of the petitioner was rejected vide order dated 25.7.2007. The petitioner assailed order dated 25.7.2007 before the CAT by filing OA No.481/CH/2007. Even challenge was also laid to the Recruitment Rules, namely, Government Medical College, Chandigarh (Schedule-1), Draft Recruitment Rules, as published in the Chandigarh Administration Gazette dated 1.7.2002 (for short "2002 Rules").