BALDEV RAJ Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner who was initially working as Khallasi, was promoted to the post of Driver on adhoc basis w.e.f. 29th of Oct '85. Thereafter, vide order dt. 1st of June '91, passed by respondent No. 5, the petitioner who was working in the grade of Rs. 950-1500/- as Driver came to be promoted to the same post and was placed in the grade of Rs. 1290-1800/-. This promotion was again on adhoc basis with a further stipulation that petitioner along with others who have been given this benefit shall not have any right to claim seniority/arrears over their seniors in future. The said adhoc promotion was given to the petitioner after passing the trade test in the concerned field.

(2.) The grievance of the petitioner is that respondents vide notification dated 5th of Oct '99, invited applications from all eligible Group 'D' in service candidates for filling up seven posts of Drivers on substantive basis in the grade of Rs. 3050-4590/-. The petitioner also submitted his application through proper channel but he was neither called for appearing in the trade test nor his case was considered for promotion to the said post. It is stated that the petitioner is working against the post of Driver on adhoc basis for the last more than fifteen years that too after passing the requisite trade test but the respondents for reasons best known to them have not allowed the petitioner to appear in the trade test which was now being conducted by them for promotion to the post of Driver on substantive basis in the aforementioned grade even though the petitioner is eligible to be appointed/promoted against the said post. It is further stated that even respondent No. 5 vide his communication dated 16th of May 2000, informed the respondent No. 3 that names of some of the candidates have been ignored for appearing in the trade test even though their applications have been submitted in the office concerned. The respondent No. 5 is also said to have recommended to respondent No. 3 for considering the names of all such candidates. It is submitted that in the said communication the name of the petitioner figures at Sl.No. 9. Copy of the same is placed on record as Annexure F. It is further submitted that for filling seven posts of Drivers, the respondents had to call the eligible candidates from Class III category equal to three times the number of existing and anticipated vacancies. It is submitted that respondents ignored the claim of serving adhoc drivers and allowed the Khalassies, trollyman and cleaners to appear in the trade test.

(3.) Through the medium of present writ petition, direction is thus sought to respondent authorities for conducting the trade test afresh and promote the petitioner to the post of Driver in the Grade of Rs. 3050-4590/-.