Central Administrative Tribunal - Delhi
Hardayal Singh Meena vs Municipal Corporation Of Delhi on 14 January, 2025
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Item No.07/C-4
O.A. No. 3577/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 3577/2023
Reserved on 09.01.2025
Pronounced on 14.01.2025
Hon'ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
1. HARDAYAL SINGH MEENA,
SON OF SHRI RAM HET MEENA,
AGE ABOUT 51 YEARS,
BIOMETRIC IDENTIFICATION ΝΟ. 10039615
RESIDENT OF: B-29, FREEDOM FIGHTER ENCLAVE,
IGNOU OAD, NEB SARAI, NEW DELHI 110 068.
POSTED AS: EXECUTIVE ENGINEER: MAINTENANCE-III,
NAJAFGARH ZONE, OFFICE OPPOSITE KARGIL
APARTMENTS, SECTOR-12, DWARKA, NEW DELHI 110
078.
2. ARUN SINGH,
SON OF SHRI RAJBIR SINGH,
AGE ABOUT 48 YEARS,
BIOMETRIC IDENTIFICATIOΝ ΝΟ. 10049052.
RESIDENT OF: T-2/601,
PARSVANATH REGALIA,
G. T. ROAD,SAHIBABAD,
NEAR RAJ BAGH METRO STATION,
GHAZIABAD,UTTAR PRADESH 201 005.
POSTED AS: EXECUTIVE ENGINEER:
MAINTENANCE-I: SHAHDRA NORTH ZONE,
OFFICE AT: D-I, STAFF QUARTERS,
S. D. N. HOSPITAL,
SHAHDRA.
NEW DELHI 110 095.
3. ANIL KUMAR,
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Item No.07/C-4
O.A. No. 3577/2023
SON OF SHRI HISHE DOGIA, MA
AGE ABOUT 53 YEARS,
BIOMETRIC IDENTIFICATION NO. 10047031
RESIDENT OF: 196,
SFS DDA FLATS,
MUKHERJEE NAGAR, NEW DELHI 110 009.
POSTED AS: EXECUTIVE ENGINEER:
ENVIRONMENT MANAGEMENT SERVICES:
CENTRAL ZONE,
OFFICE AT ZONAL BUILDING,
SHIV MANDIR MARG,
LAJPAT NAGAR-I,
NEW DELHI 110 024.
4. KESH RAM ΜΕΕΝΑ,
SON OF LATE AMAR SINGH MEENA,
AGE ABOUT 49 YEARS,
BIOMETRIC IDENTIFICATION NO. 10029440
RESIDENT OF: C-172,
SECTOR-18,
ROHINI,
NEW DELHI 110 089.
POSTED AS: EXECUTIVE ENGINEER: MAINTENANCE-II:
SHAHDRA NORTH ZONE,
OFFICE AT: C-12,
YAMUNA VIHAR,
NEW DELHI 110 053.
5. RAKESH BRIJWAL,
SON OF SHRI P.S. BRIJWAL,
AGE ABOUT 46 YEARS,
BIOMETRIC IDENTIFICATIOΝ ΝΟ. 10047032
RESIDENT OF: A2/22,
RAJASTHALI APARTMENTS, PITAMPURA,
NEW DELHI 110 034.
POSTED AS: EXECUTIVE ENGINEER: PROJECT:
ROHINI ZONE,
OFFICE AT SUB-ZONAL OFFICE BUILDING, SECOND
FLOOR, SECTOR-17, ROHINI, NEW DELHI 110 085.
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Item No.07/C-4
O.A. No. 3577/2023
...Applicants
(By Advocates: Mr. Tarun Sharma with Ms. Meenu Sharma,
Mr. Abid Ali, and Mr. Manek Sharma)
Versus
MUNICIPAL CORPORATION OF DELHI, THROUGH
COMMISSIONER, OFFICE AT: NINTH FLOOR, DR.
SHYAMA PRASAD MUKHERJEE CIVIC CENTRE,
JAWAHAR LAL NEHRU MARG, NEW DELHI 110 002.
E.: [email protected]
...Respondent
(By Advocate : Ms. Sriparna Chatterjee)
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Item No.07/C-4
O.A. No. 3577/2023
ORDER (ORAL)
Ms. Harvinder Kaur Oberoi, Member (J) By way of the present OA filed under Section 19 of the AT Act of 1985, the applicants are seeking the following relief(s):-
"(i) an Appropriate Direction may kindly be issued to the Respondent, Municipal Corporation of Delhi, to immediately vide a Corrigendum rectify the anomaly created by the Office Order dated 06.10.2023 wherein the Applicants have been wrongly mentioned to have been promoted again on Regular Basis with prospective effect instead of having been already promoted with effect from 16.07.2007 as Regular Assistant Engineers (Civil);
(ii) also pass another Appropriate Direction to the Respondent, Municipal Corporation of Delhi, to forthwith regularize the Applicants as Executive Engineers (Civil) in the applicable Pay Level-11 with all the consequential monetary benefits being payable with effect from the respective Dates of Ad-Hoc Promotion as Executive Engineers (Civil); and
(iii) such other or further Orders as may be deemed fit and proper in the present Circumstances of the Case be also passed in favour of the Applicants.
2. The applicants joined the services of the Respondent, Municipal Corporation of Delhi, as Regular Junior Engineers (Civil) in the Scheduled Tribes Category (ST). It 5 Item No.07/C-4 O.A. No. 3577/2023 was vide Office Order dated 16.07.2007, that applicants were granted regular promotion as Assistant Engineers (Civil) in the pay scale of Rs. 6500-10500/-.
3. Thereafter, being eligible under the applicable Recruitment Rules, they were granted ad Hoc Promotion to the Grade "A" post of Executive Engineers (Civil) in Pay Level-11. Service details of the applicants are as under:-
S.No Name, Date Joined as Regular Ad-hoc of Birth & Regular promotion Promotion Bio Metric Junior as as Identification Engineer Assistant Excutive (Civil) Engineer Engineer (Civil) (Civil) 1 Hardayal 20.09.2000 16.07.2007 01.02.2020 Singh Meena 22.07.1972 10039615 2 Arun Singh 19.10.2000 16.07.2007 01.02.2020 01.12.1974 10049052 3 Anil Kumar 05.09.2000 16.07.2007 01.02.2020 13.09.1970 10047031
4 Kesh Ram 20.04.2001 16.07.2007 01.02.2020 Meena 18.11.1973 6 Item No.07/C-4 O.A. No. 3577/2023 10029440 5 Rakesh 09.10.2000 16.07.2007 01.02.2020 Brijwal 30.11.1976 10047032 3.1. Applicants are aggrieved of the order dated 06.10.2023, vide which the regular appointment of the Applicants, granted by the Departmental Promotion Committee vide Office Order dated 16.07.2007, as Assistant Engineers (Civil), in the Scheduled Tribes Category, was overlooked and instead applicants vide the impugned order dated 06.10.2023, have been mentioned as being promoted regularly with prospective effect (06.10.2023) as Assistant Engineers (Civil). The impugned order has been passed without even a SCN and has the effect of robbing the applicants of their regular service rendered by them from July 2007 to 2020 (adhoc promotion as EE) and further till 2023.
3.2. On 23.10.2023, the Applicants submitted a representation seeking relief in the form of regularization as 7 Item No.07/C-4 O.A. No. 3577/2023 Executive Engineers (Civil) in Pay Level-11, along with all consequential monetary benefits payable from the respective dates of their Ad-Hoc Promotion to the post of Executive Engineer (Civil). They also requested the Respondent Corporation to issue a corrigendum to rectify the anomaly caused by the Office Order dated 06.10.2023, which erroneously indicated their promotion to Assistant Engineer (Civil) regularly with prospective effect i.e. w.e.f.06.10.2023.
4. Despite the representation, no action was taken by the Respondent Corporation. Feeling aggrieved by the inaction and left with no other efficacious remedy, the Applicants were compelled to approach this Tribunal.
5. On issuance of notice respondents have filed their reply. Learned counsel for the respondents averred that the applicant No.1Sh. Hardayal Singh Meena was appointed as Junior Engineer (Civil) under the ST Category in the MCD w.e.f. 20.09.2000, holding a degree in Civil Engineering. His name was listed at Seniority No. 1016 in the Final Seniority List of Junior Engineers (Civil) issued vide 8 Item No.07/C-4 O.A. No. 3577/2023 Circular No. HC-II/Engg./HQ/2007/6520 dated 09.03.2007.Applicant No. 2. Sh. Arun Singh, S/o Sh. Rajbir Singh, was appointed as Junior Engineer (Civil) under the ST Category in the MCD w.e.f. 19.10.2000, holding a degree in Civil Engineering. His name was listed at Seniority No. 1022 in the same Seniority List. Applicant No. 3. Sh. Anil Kumar, S/o Sh. Hishe Dogia, was appointed as Junior Engineer (Civil) under the ST Category in the MCD w.e.f. 05.09.2000, holding a degree in Civil Engineering. His name was listed at Seniority No. 1027 in the Seniority List. Applicant No. 4. Sh. Kesh Ram Meena, S/o Late Sh. Amar Singh Meena, was appointed as Junior Engineer (Civil) under the ST Category in the MCD w.e.f. 20.04.2001, holding a degree in Civil Engineering. His name was listed at Seniority No. 1025 in the Seniority List. Applicant No. 5. Sh. Rakesh Brijwal, S/o Sh. P.S. Brijwal, was appointed as Junior Engineer (Civil) under the ST Category in the MCD w.e.f. 09.10.2000, holding a degree in Civil Engineering. His name was listed at Seniority No. 1014 in the Seniority List.
9Item No.07/C-4 O.A. No. 3577/2023 5.1. That the next higher post for Junior Engineers (Civil) is Assistant Engineer (Civil).As per Recruitment Rules, Junior Engineers with six years of regular service and possessing a degree in Civil Engineering, or eight years of regular service with a diploma, were eligible for promotion to Assistant Engineer (Civil). In 2007, a regular DPC was convened on 14.06.2007. The same considered the Applicants, along with their seniors and juniors, for regular promotion to Assistant Engineer (Civil). Based on the DPC's recommendations and the Competent Authority's approval, the Applicants were promoted vide Office Order dated 16.07.2007.
5.2. That in compliance with directions issued by the coordinate Bench of this Tribunal in O.A. No. 1276/2012 (Ajay Aggarwal vs. MCD & Ors.) dated 30.04.2014, and T.A. Nos. 327/2009, 395/2009, and 243/2009 (Sandeep Malhotra, Ramesh Kumar & Jagdish Prasad vs. North DMC) dated 24.11.2014, seniority lists of Assistant Engineers (Civil) dated 15.02.2005 and 18.07.2011 were quashed. Consequently, Review DPCs were held on 18.09.2015 and 10 Item No.07/C-4 O.A. No. 3577/2023 22.09.2015 to reconsider promotions for 1997, 1998, 2002, 2006, and 2007. Following these recommendations, a revised seniority list was issued vide Office Order dated 01.12.2015. However, seniority of the applicants was not disturbed.
6. Pursuant to issuing the revised seniority list, direct recruits appointed as per DSSSB recommendations, along with certain Assistant Engineers appointed under judicial orders, were included in a provisional seniority list circulated vide Circular dated 21.12.2015. After addressing objections, the finalized seniority list was issued vide Circular dated 10.03.2016.The finalized seniority list was re-circulated after the Unified Municipal Corporation of Delhi was notified in the Gazette of India on 18.05.2022. A subsequent circular dated 25.08.2022, clarified that the list was subject to further Review DPCs and pending court cases. In the Final Seniority List of 25.08.2022, the Applicants' positions in the Assistant Engineer (Civil) grade is as under:-
Sl. Name of the applicant Earlier seniority 11 Item No.07/C-4 O.A. No. 3577/2023 No. S/Sh. position as AE (Civil) 1 Mr. Hardayal Singh Meena 650 (ST) 2. Arun Singh (ST) 652
3. Kesh Ram Meena (ST) 653 4. Anil Kumar (ST) 654
5. Rakesh Brijwal (ST) 649
7. Learned counsel for the respondents further submits that the Departmental Promotion Committees (DPCs) for the post of Assistant Engineer (Civil) were conducted on 23.03.2006, 14.06.2007, 02.08.2007, and 02.03.2009 in the erstwhile MCD. These DPCs were subsequently reviewed in 2011, 22.09.2015, and 25.07.2019 by the Engineering Department of the erstwhile North DMC, designated as the Nodal Corporation. In the Review DPC held on 25.07.2019, the Applicants' candidature, along with that of their seniors and juniors, was reconsidered. Based on the Review DPC's recommendations and the Competent Authority's approval, the Applicants were granted regular promotion to Assistant Engineer (Civil) with effect from 16.07.2007 vide Office Order dated 14.10.2019. Thus, reiterating and confirming, the promotion order dated 16.07.2007, promoting the applicants as AE (Civil). 12 Item No.07/C-4 O.A. No. 3577/2023
8. The next higher post is Executive Engineer (Civil). Per the notified Recruitment Rules, Assistant Engineers (Civil) with five years of service in the grade, holding a degree in Civil Engineering, or ten years of service for those with a diploma, are eligible for promotion to Executive Engineer (Civil).
8.1. The Departmental Screening Committee (DSC) was held on 02.01.2020 to consider ad-hoc promotions to Executive Engineer (Civil) from eligible Assistant Engineers (Civil). The Applicants were considered, and based on the DSC's recommendations and subsequent approval of the Competent Authority, the Applicants were granted ad-hoc promotions vide Office Order No. F.7(11)/CED/2019/2020/GF-01/2666 dated 03.01.2020. However, Applicant No. 2, Sh. Arun Singh, was excluded as his candidature was placed under a sealed cover due to pending disciplinary proceedings in RDA Nos. 03/34/2009 and 03/25/2013.
8.2. Another DSC was convened on 29.07.2022 to consider ad-hoc promotions to Executive Engineer (Civil). 13 Item No.07/C-4 O.A. No. 3577/2023 Applicant No. 2, Sh. Arun Singh, was considered along with his seniors, and based on the recommendations and approval of the Competent Authority, he was granted an ad-hoc promotion vide Office Order dated 01.08.2022. 8.3. The Departmental Promotion Committee (DPC-2023) was held on 05.09.2023, chaired by the Additional Commissioner (Establishment), to review the original DPCs conducted on 23.03.2006, 14.06.2007, 02.08.2007, and 02.03.2009 (earlier reviewed in 2011, 22.09.2015, and 25.07.2019) and to conduct regular DPCs for vacancy years 2009-10 to 2023. The purpose was to review promotions of Junior Engineers (Civil) to Assistant Engineer (Civil) in Level-7 of the Pay Matrix under the 7th CPC. The Committee observed that earlier DPCs had not properly followed the guidelines for determining the zone of consideration. Consequently, the DPC-2023 adhered strictly to DoP&T O.M. No. 22011/1/90-Estt.(D) dated 22.04.1992 and No. 22011/2/2002-Estt.(D) dated 06.01.2006.In this DPC, the Applicants were considered along with their seniors and juniors. Based on the 14 Item No.07/C-4 O.A. No. 3577/2023 Competent Authority's approval, the recommendations were notified vide Office Order dated 06.10.2023 for Applicants No. 1, 3, and 4.
8.4. For Applicant No. 2, due to non-receipt of the COP report, the penalty of stoppage of one increment for one year without cumulative effect (imposed in RDA No. 03/34/2009/Vig./2020/08 dated 20.01.2021) was not placed before the DPC. His case will be reassessed under the rules, and he has not been granted a regular promotion to Assistant Engineer (Civil) till date.
9. For Applicant No. 5, the DPC assessed his candidature as fit, subject to the receipt of the COP (Clearance certificate) . After receipt of the COP, Applicant No. 5 was granted regular promotion to Assistant Engineer (Civil) with effect from 06.10.2023, vide Office Order No. F.2(29)/CED/MCD/2023/G.F-34/4437 dated 31.10.2023.Respondents alsodrew attention to Para 6.4 of DoP&T O.M. No. 22011/5/86-Estt.(D) dated 10.04.1989, guidelines are provided for preparing year-wise panels when DPCs are delayed for reasons beyond control. Para 15 Item No.07/C-4 O.A. No. 3577/2023 6.4.1 specifies that the first DPC convened after such delays must follow established procedures to prepare panels for the years during which vacancies arose, reads as under:-
"6.4.1 Where for reasons beyond control, the DPC could not be heldin a year (s), even though the vacancies arose during that year (or years), the first DPC that meets thereafter should follow the following procedures :-
(i) Determine the actual number of regular vacancies that arose in each of the previous year (s) immediately preceding and the, actual number of regular vacancies proposed to be filled in the current year separately.
(ii)Consider in respect of each of the years those officers only who would be within the field choice with reference to thevacancies of each year starting with the earliest yearonwards.
(iii)Prepare a 'Select List' by placing the select list of the earlier year above the one for the next year and so on.
6.4.2 For the purpose of evaluating the merit of the officers while preparing year- wise panels, the scrutiny of the record of service of the officers should be limited to the records that would have been available had the DPC met at the appropriate time.
However, if on the date of the meeting of the DPC, departmental proceedings are in progress and under the existing 16 Item No.07/C-4 O.A. No. 3577/2023 instructions sealed cover procedure is to be followed, such procedure should be observed even if departmental proceedings were not in existence in the year to which the vacancy related. The officer's name should be kept in the sealed cover till the proceedings are finalized.
6.4.4 While promotions will be made in the order of the consolidated select list, such promotions will have only prospective effect even in cases where the vacancies relate to earlier year(s)."
10. Learned counsel for the respondents further submits that the applicants have been considered for regular promotion to the post of Asstt. Engineer (Civil) by the Review-cum-regular DPC-2023 for the vacancy year 2016- 17 along with their seniors and juniors.
11. In rejoinder learned counsel for the applicants relies upon the judgment of the Larger Bench of Five Judges of Hon'ble Apex Court in the matter of Rabindra Nath Bose & Ors. V/s Union of India and Ors in 1970 AIR 470, 1970 SCR (2) 697, 1970 SCC (1) 84 decided on 09.10.1969, relevant para of the same reads as under:-
"We are not anxious to throw out petitions on this ground, but we must administer justice in accordance with law and principles of equity, justice and good 17 Item No.07/C-4 O.A. No. 3577/2023 conscience. It would be unjust to deprive the respondents of the rights which have accrued to them. Each person ought to be entitled to sit back and consider that his appointment and promotion effected a long time ago would not be set aside after the lapse of a number of years."
Based on the judgment applicant submits that after 15 years, applicant promotion cannot be postdated to their detriment.
12. We have considered the rival submissions of both parties and have gone through the records of the case. Facts are not in dispute.
13. The applicants were initially appointed as Junior Engineer (Civil). They are degree holders and belong to the reserved category of Scheduled Tribes (ST). Applicant No. 1, Hardayal Singh Meena, had approached the Hon'ble High Court in W.P. (C) No. 18936/2006. This writ petition was finally decided by the Hon'ble High Court on 17.01.2007, directing the respondents, Municipal Corporation of Delhi (MCD), to finalize the seniority list of Junior Engineers (Civil) in the ST category within two months and to further 18 Item No.07/C-4 O.A. No. 3577/2023 consider them for promotion as per their seniority and the applicable Recruitment Rules (RRS).
14. In compliance with the directions issued by the Hon'ble High Court, the applicants, along with many other officers, were considered for regular promotion to the next higher post of Assistant Engineer (Civil) and were promoted vide order dated 16.07.2007. The applicants have since been continuously serving in the promoted post of Assistant Engineer (Civil) without interruption from 2007.
15. In due course, the applicants became eligible for promotion to the next higher post of Executive Engineer (Civil). As per the applicable Recruitment Rules, Assistant Engineers (Civil) holding a degree with five years of service are eligible for such promotion. The applicants were considered for promotion as Executive Engineer (Civil) on an ad hoc basis and were promoted vide orders dated 03.01.2020 and 01.08.2020, after serving more than 13 years as Assistant Engineers.
16. The applicants were shocked to receive the impugned order dated 06.10.2023, wherein it was stated that their promotion as Assistant Engineers (Civil) occurred only in 19 Item No.07/C-4 O.A. No. 3577/2023 2023 instead of 16.07.2007. This sudden change in their service history has significant adverse implications, as the applicants. Applicants who had been promoted from AE to EE and had been serving as Executive Engineers on an ad hoc basis since 2020, were nearing completion of the required service for consideration for promotion to the next higher post of Superintending Engineer have been reverted to AE(Civil). Instead of progressing in their careers, the impugned order effectively demotes the applicants to a lower position.
17. The impugned order is bad in law for several reasons, particularly because it disregards the promotion order dated 16.07.2007, which was issued based on the recommendations of the Regular Departmental Promotion Committee (DPC). This promotion order has been reiterated and confirmed by the respondents on multiple occasions, including while issuing:
1. The final seniority list dated 31.10.2007,
2. The revised final seniority list dated 10.03.2016,
3. The office order reflecting seniority positions dated 10.12.2019, and 20 Item No.07/C-4 O.A. No. 3577/2023
4. The revised final seniority list dated 25.08.2022 of Assistant Engineers (Civil).
5. Review DPCs were held on 18.09.2015 and 22.09.2015 to reconsider promotions for 1997, 1998, 2002, 2006, and 2007. The promotion of the applicant was not disturbed.
18. Thus, the respondents themselves have consistently upheld the applicants' promotion as Assistant Engineers from 2007 until 2022. There was no valid reason to revisit the promotion order of 16.07.2007 and issue the impugned order.
19. The impugned order is also legally unsustainable, as it was issued without any challenge to the Hon'ble High Court's order dated 17.01.2007 in W.P. (C) No. 18936/2006. The promotion order dated 16.07.2007 was passed in compliance with the directions of the Hon'ble High Court and, having never been challenged, the same has attained finality.
20. The applicants representation against the impugned order on 23.10.2023, has not been answered by the 21 Item No.07/C-4 O.A. No. 3577/2023 respondents. Consequently, the applicants have approached this Tribunal for redressal.
21. Per contra, the counsel appearing on behalf of the respondents has opposed the application and sought to justify the impugned order. It was stated that it came to the notice by the respondents that the earlier DPC's have not conducted the same as per law and therefore, without even a SCN, to the stakeholders it was decided to review the earlier DPC. What was the occasion that prompted respondents to revisit the earlier DPC's has not been stated with clarity. It is settled law that such actions which result in unsettling the settled position should be avoided. By the impugned order not only the promotion of the applicants has been postdated to their disadvantage, but even their seniority as AE (Civil) gets downgraded/affected. All this when the applicants had been serving as Ad-hoc EE (Civil) since 2020 and were on the verge of gaining eligibility for consideration of promotion as Superintending Engineers, incase their request for treating the ad-hoc period as regular or eligible period had been accepted. The impugned order also results in pecuniary loss in terms of pensionary 22 Item No.07/C-4 O.A. No. 3577/2023 benefits. In the circumstances, we believe that manifest injustice has been meted out to the applicant for no reason.
22. Reliance of the applicants on the judgment in Rabindra Nath Bose & Ors. V/s Union of India and Ors (Supra). Is also fruitful. The larger bench decision was followed by the Hon'ble High Court of Delhi in WP (C) No. 13102/2018 on 06.08.2024 in the matter of Pradosh Panda V/s Lok Sabha Secretariat & Anr.as well.
23. Further, the coordinate bench of this Tribunal in the case of Shri R.S. Bohra S/O Late Shri L.S. Bohra vs Union Of India (Uoi), decided on 7.09.2006, in somewhat similar circumstances has held asunder.
"Conversely the case of the respondents is that the scrutiny of the record in the process of implementation of the order of the Tribunal in Harnam Singh's case (Supra) revealed that no vacancy was available when the promotion of the applicants was considered by the DPC in the year1994. The administrative authority has a right to rectify the mistake in executive orders. If the promotion of the applicant was de hors the Recruitment Rules/Government Instructions on the subject or otherwise erroneously made the rectification order passed by the Government is unassailable. A Government servant does not have indefeasible right to continue on the promoted post even though his promotion was de hors the rules or it was otherwise illegal and invalid. Of course if the promotions had continued for a pretty long time say 10 years or so it 23 Item No.07/C-4 O.A. No. 3577/2023 may in entirely given circumstance unjust to unsettle a settled status after a long lapse of time."
24. Hon'ble High Court of Delhi in Pradeep Singh Rawat vs Union Of India & Anr. Decided on 18 July, 2023 in W.P.(C) 12875/2021 & CM APPL. 40563/2021, has held as under:-
" 46. In view of the above discussion and settled position of law, we find substance in the assertions of the petitioner. The petitioner herein was given regular promotion as nothing adverse was found in his conduct. However, it is on account of inadvertence of the Department which failed to report pending criminal case against the petitioner, that this fact was not incorporated in the DPC Note resulting in the promotion of the petitioner to the post of Inspector in 2018. His reversal came after 3 years and 5 months; the only reason being the pending criminal case about which they came to know from the complaint dated 20.09.2020 of Amresh Sharma. Had the Sealed Cover Procedure been followed in 2018 when the promotions were made, the petitioner after the lapse of two years would have become entitled to ad hoc promotion by the Appointing Authority. The petitioner has suffered immense loss of reputation and dignity on account of reversal of his promotion. There is nothing on record to show that his promotion would be prejudicial to the public interest in any manner, more so when in the three and half years when he was working on promotional post, nothing adverse was ever reported. The petitioner is entitled to be considered for ad hoc promotion by DPC in accordance with the Rules."
25. The applicants case is on a better footing. They had been promoted in compliance of the Hon'ble High court of 24 Item No.07/C-4 O.A. No. 3577/2023 Delhi orders in 2007 and had been promoted further on 2020 and 2022. As such they have served on the promotional post for more than 15 years and are settled in high post administratively and in the eyes of the public and society. The DPC vide which they were promoted was subjected to many reviews and none of the review DPC's altered their position. Even today respondents have not unearthed any disqualification of the applicant. Rather a vague reference to the earlier DPC not preparing year wise panel has been made. Surely the applicants cannot be made to suffer for the lapse of the earlier DPC if any and that too after 15 years.
26. In our considered opinion this is a fit case and applicants are deserving of relief. Hence the OA as filed by the applicants is allowed in terms of Para 8 (i) of the OA. The impugned order 06.10.2023 is quashed and set aside to the extent the same post dates the promotion of the applicant as AE (Civil). It is declared that applicants shall continue to be promoted/posted as AE (Civil) since 16.07.2007.
25Item No.07/C-4 O.A. No. 3577/2023
27. In view of the above, the OA is allowed in the aforesaid terms. Any pending MA's stand disposed. No order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/arti/