DUDAM SAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the interlocutory order dtd. 27/12/2024 passed in I.A.No.1 of 2024 in W.P.No.36753 of 2024 by the learned Single Judge, the present writ appeal has been filed.

(2.) Heard Ms. D.Sai Mahitha, learned counsel appearing for the appellants, learned Deputy Solicitor General of India appearing for respondent No.1 and Sri T.Mahender Rao, learned Standing Counsel for National Institute of Technology appearing for respondent Nos.2 to 4.

(3.) It is the case of the appellants that they were appointed as Superintendents in the year 2022 and they are eligible for promotion to the post of Senior Superintendents. While so, the 4th respondent had issued Office Memorandum on 04. 12.2024 to the effect that they would be conducting prescribed test in December, 2024 and the syllabus as well as the draft inter-se seniority list were appended as Appendix-1 & Appendix-2 to the Office Memorandum and the names of the appellants are shown at Sl.Nos.2 and 4. The appellants are waiting for hall tickets to be issued to them to participate in the prescribed test. As per the National Institutes of Technology (NITs) Non-Teaching Recruitment Rules, 2019 (for short 'the Rules'), the post of Senior Superintendent is liable to be filled up by way of promotion. The eligibility criteria for promotion to the post of Senior Superintendent is that one must put in atleast five years regular service as Superintendent or Accountant (existing) in Pay Band-2, Grade Pay of Rs.4200.00 or at least 5 years combined service of Assistant (SG-1) and Superintendent) in Pay Band-2, Grade Pay of Rs.4200.00 through DPC and working performance record (APAR) through prescribed test and interview. Admittedly, the appellants are seniors and though the appellants do not fulfill the eligibility criteria, Rule 6 of the Recruitment Rules clearly states that, for matters not covered by the Statutes, the corresponding Central Government Rules shall be applicable.