AMBA LAL Vs. RRVPNL AND OTHERS

JUDGEMENT

(1.) While challenging promotion of respondent No. 2 on the post of Assistant Accounts Officer, the petitioner has prayed for promotion from the year 1989 itself when respondent No. 2 had been so promoted. The main contention of the counsel for the petitioner has been that the determination of vacancy has to be made for each calendar year and vacancies unfilled for the particular year, should be carried forward for the next calendar year. The list prepared by the selection committee or the Departmental Promotion Committee (DPC), as the case may be, remains in existence only till the end of the calendar year and no promotion from the list, so prepared for the particular year, could be made in the next calendar year. In the present case also, as has come on record, the committee met for consideration and recommendation for promotion to the post of Assistant Accounts Officer in the year 1989. Though the name of respondent No. 2 had also been recommended by the selection committee, however, promotion order had only been issued on 30.1.1990. The contention of the learned counsel for the petitioner has been that respondent No. 2 could not have been given promotion from the list which had already expired on 31.12.1989.

(2.) In reply, the respondent-Board, now the Corporation, has only contended that the petitioner did not come in the zone of consideration for promotion for the year 1989 since he had acquired qualification of DCWA only in the month of June, 1989, whereas the committee had already considered all eligible candidates within the zone of consideration in the month of March, 1989 itself.

(3.) Promotions on the post in question have been made under the Officers Service Regulations, 1974.. Determination of vacancies is made under Regulation 9 of the above Regulations, which is reproduced here as under: