M L SOPRI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS are Grade I E/M employees of the Military Engineering Service. It is asserted by them that they have long tenure of service and their ACRs are also unblemished. In connection with the promotion to the post of A. Es Departmental Promotion Committee is said to have been constituted and a panel prepared by it was approved by the E -in -C. The petitioners challenge the impugned promotion list on the ground of non -consideration and on the grounds that they are senior to respondents 3 to 37.

(2.) REPLY affidavit has been filed by Chief Engineer North Kashmir zone. It is stated by the Chief Engineer that the DPC constituted consisted of eminent officers of Govt. of India and they considered each and every eligible candidate for promotion to the promotion to the post of A. E. The promotion was to be given on the basis of merit. In all 348 candidates were considered against the 74 anticipated vacancies. Out of these 11 were reserved for schedule caste and six for schedule tribe candidates. 2 schedule caste and six for schedule tribe candidates. Only 2 schedule caste candidates were available who were considered and selected against the reserved category. The panel selected by the DPC on the basis of comparative merit and grading was approved by the Government of India, Ministry of Defence and not by the Engineer -in -Chief as contended by the petitioners, The three petitioner were placed at 137,233 311 respectively in "the seniority list of E/M Grade I placed before DPC held on 2 -11 -1979 Merely because of being seniors, the petitioners cannot claim promotion. Their promotion could be made only after they were selected by the DPC. It is further contended that even juniors could be selected because the selection was dependent on the merit of the candidates.

(3.) AT any rate petitioners are said to have received consideration. Therefore the writ petition is contested as being not maintainable.