UNION OF INDIA Vs. BAL KRISHAN

JUDGEMENT

(1.) Promotion to the posts of Assistants has to be made from two sources, namely, UDCs and Stenographers Grade-Ill. Only those stenographers would be entitled to such promotion, who had given option/ opted for clerical cadre prior to March 29,1985. Statutory rules, providing for such a promotion from two sources, was issued by the petitioners vide SRO 122 dated 13.07.1999.. The rules provide for 90% of Assistants to be filled from the category of UDCs and 10% from the category of Stenographers Grade-Ill. The petitioners, vide order dated 16.02.1999, up-graded the posts of UDCs as Assistants. Said up-gradation was questioned by the respondents before the Central Administrative Tribunal. The plea taken in the application was that said up-gradation was in fact, promotion from UDCs to Assistants and was in violation of the recruitment rules and this could not have been done unless 10% quota, to which they were entitled to, was given to the respondents.

(2.) The Tribunal allowed the application of the respondents and directed that the DPC be held for assessing the eligibility of the applicants and persons similarly situated like them on the basis of the seniority vis-a-vis UDCs who were to appear along with them in the matter of selection. The Tribunal further provided that if DPC clears the case, all such persons are to be accommodated against such posts with their rightful position of seniority in the grade of Assistants. However, no arrears were required to be paid to them.

(3.) This order of the Tribunal has been questioned by the petitioners in this Court through the medium of present writ petition.