Himachal Pradesh High Court
Branch Municipal Corporation vs State Of Punjab And Others on 28 December, 2021
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO.4115
OF 2020
Between:-
YASHWANT SINGH
AGED ABOUT 54 YEARS
S/O LATE SH. JIA LAL,
R/O VILLAGE & POST OFFICE JUBBER
HATTI, TEHSIL & DISTRICT SHIMLA,
PRESENTLY
WORKING AS SENIOR
ASSISTANT IN ARCHITECT PLANNER
BRANCH MUNICIPAL CORPORATION
SHIMLA, H.P.
....PETITIONER
(BY SH. SANJEEV BHUSHAN, SENIOR
ADVOCATE, ALONGWITH SH.RAJESH KUMAR
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY URBAN
DEVELOPMENT SECRETARIAT
SHIMLA-2
2. MUNICIPAL CORPORATION, SHIMLA
THROUGH ITS COMMISSIONER
(BY MS.REETA THAKUR, ADVOCATE)
3. DIRECTOR URBAN DEVELOPMENT,
HIMACHAL PRADESH, SHIMLA-2
....RESPONDENTS
(BY SH.RAJU RAM RAHI, DEPUTY
ADVOCATE GENERAL, FOR
RESPONDENTS NO.1 & 3)
Whether approved for reporting? Yes
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2
This petition coming on for hearing this day, the
Court passed the following:
JUDGMENT
.
Petitioner has approached this Court, seeking direction to consider his case for promotion to the post of Superintendent Grade-II after completion of six years service as a Senior Assistant on 03.09.2017, alongwith all consequential benefits, including seniority, continuity, annual increments, earned leave and all other consequential benefits including arrears accruing thereon on this account.
2. Undisputed facts in present case are that petitioner is serving as a Senior Assistant in the Municipal Corporation, Shimla (hereinafter referred to as "the Corporation'). Next promotional avenue available to him is the post of Superintendent Grade-II. There are six posts of Superintendent Grade-II in the Corporation. Appointment/promotion to the post of Superintendent Grade-II is governed by 13 Point Roster.
Before 2015, exercise of power by the Corporation was under
cloud, but after 2015, the Corporation has been declared appointing authority for the posts, in reference, in present petition. Therefore, Corporation has started to maintain Roster (13 Point) for the post of Superintendent Grade-II w.e.f.
29.05.2015. Roster being maintained by the Corporation, supplied to the petitioner under Right to Information Act, 2005, has been placed on record as Annexure A-7 with rejoinder and the same is not disputed by the respondents. It is also admitted ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 3 fact that on 29.05.2015 all six posts were occupied by incumbents posted against those posts. As per 13 Point Roster, first six posts are to be allotted to and filled by Un-Reserved .
category and thereafter first vacancy shall be against 7th point in Roster and the said vacancy shall go to Scheduled Caste category and, thereafter, again vacancies from 8 to 13 are to be provided for Un-Reserved category, i.e. open for all, i.e. General, Scheduled Caste and Scheduled Tribe. On 29.05.2015, all six posts were occupied and out of them first and sixth posts were occupied by Scheduled Caste candidates on the basis of their seniority and remaining four posts were occupied by General category candidates. But all candidates had consumed first six Roster points available for Un-Reserved.
3. In Annexure A-7 plotting of appointment to the post of Superintendent Grade-II as per 13 Point Roster is as under:-
Table-A Superintendent Grade-II = 6 Posts Date of Roster Category Date of Names of Further vacancy Point of Roster promotion promottees promotion/retire Point ment 29.05.2015 1 UR 29.05.2015 Sh.Bhagi 31.08.2015 Ram (SC) retired 29.05.2015 2 UR 29.05.2015 Sh.Jai 31.03.2017 Prakash retired Sharma 29.05.2015 3 UR 29.05.2015 Sh.Harpal 31.03.2017 Singh retired 29.05.2015 4 UR 29.05.2015 Sh.Diwan 31.01.2016 Chand retired 29.05.2015 5 UR 29.05.2015 Smt.Anita 31.08.2016 Sharma retired 29.05.2015 6 UR 29.05.2015 Smt.Ram 09.09.2019 Kali (SC) promoted as Supdt.Grade-I 7 SC 31.08.2015 8 UR 18.06.2016 Raksha Devi Retired on (SC) 30.06.2019 ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 4 31.01.2016 9 UR 18.06.2016 Durga Dass Promoted as Superintendent Grade-I on 09.09.2019 31.08.2016 10 UR 22.09.2017 Godawari Retired on Sharma 31.01.2020 .
31.03.2017 11 UR 22.09.2017 Suresh Promoted as K.Sharma Supdt.Grade-I on 23.10.2020 31.03.2017
4. Person appointed against first post, namely Bhagi Ram belonging to Scheduled Caste category, but posted against Un-Reserved vacancy on the basis of his seniority, retired on 31.08.2015 and person posted against Roster Point 4 namely Diwan Chand retired on 31.01.2016 and, resultantly, two vacancies were available to be filled in against Roster Points 7 and 8. Roster Point 7 was reserved for Scheduled Caste, whereas Roster Point 8 onwards up to Roster Point 13 were available as Un-Reserved Roster Points. Raksha Devi belonging to Scheduled Caste category was seniormost amongst the candidates falling in zone of consideration for promotion to the post of Superintendent Grade-II and next to her as per seniority Durga Dass Thakur belonging to Un-Reserved category was also eligible to be considered to the post of Superintendent Grade-II next to Raksha Devi.
5. The Corporation, instead of considering and posting Raksha Devi, a Scheduled Caste candidate against Roster Point 7, posted her against Roster Point 8 meant for Un-Reserved category and Durga Dass Thakur (General category) was posted against Roster Point 9.
::: Downloaded on - 31/01/2022 23:30:21 :::CIS 56. Three vacancies were again available in September, 2017, for retirement of Anita Sharma on 31.08.2016, and retirements of Jai Prakash Sharma and Harpal Singh on .
31.03.2017. However, Corporation filled in only two vacancies against Un-Reserved Roster Points No.10 and 11. Petitioner, belonging to General category, was next candidate available, but he was not promoted on the ground that vacancy available was to be filled against Roster Point 7 allotted for Scheduled Caste.
7. In reply, filed by the Corporation, it has also been admitted that petitioner had completed six years service as a Senior Assistant on 03.09.2017 and was eligible for promotion to the post of Superintendent Grade-II alongwith Godawari and Suresh Kumar Sharma, and after these two persons, he is seniormost in the feeder category. However, it has been explained that one post of Superintendent Grade-II, which was kept vacant, is to be filled up from Scheduled Caste category as per Reservation Roster maintained by the Corporation and the case of the petitioner was to be considered for promotion against next vacancy available for General category. It has also been submitted in the reply, which is undisputed, that Corporation has adopted Recruitment & Promotion Rules (in short 'R & P Rules') notified by Urban Development Department vide Notification dated 20.08.1997 and promotion to the post of Superintendent Grade-II, from amongst Senior Assistants, is to be made as per seniority.
::: Downloaded on - 31/01/2022 23:30:21 :::CIS 68. During hearing, learned counsel for the Corporation, under instructions of the concerned official attending the Court, has submitted that as per instructions issued by the State .
Government dated 20.08.1998 reiterated and clarified vide communication dated 18.11.2004, SC/ST/OBCs appointed on their own merit, but not due to reservation, are not to be counted towards reservation quota and, therefore, Raksha Devi, who was senior most amongst the Senior Assistants was treated to be appointed on her own merit, but not on the basis of reservation and, therefore, Raksha Devi was considered to have been appointed against Roster Point 8 available for Un-Reserved category, and as on that date, no Scheduled Caste candidate was available next to her, falling in the zone of consideration, therefore, post against Roster Point 7 available for Scheduled Caste has been kept vacant.
9. At this juncture, it is also noticeable that on 22.09.2017, alongwith petitioner Hira Nand, a Scheduled Caste candidate next to petitioner in seniority, subject to eligibility was also available to be considered against Roster Point No.7 allotted to Scheduled Caste category. But neither petitioner nor Hira Nand was promoted. In case Hira Nand was not eligible then Scheduled Caste candidate Hem Chand, subject to eligibility, was also available to be considered for accelerated promotion against the vacancy available to be filled against Roster Point No.7. But Corporation did not opt to do so.
::: Downloaded on - 31/01/2022 23:30:21 :::CIS 710. Under instructions, learned counsel for the Corporation has submitted that on 22.09.2017 third post could not be filled for interim stay ordered by erstwhile H.P. State .
Administrative Tribunal vide order passed in M.A. No.1290 of 2018 in O.A. No.1961 of 2016, now pending adjudication in this Court as CWPOA No.7628 of 2019. Perusal of record reveals that post was kept vacant in September, 2017 whereas interim stay was granted by the Court in July/August 2018. Therefore, this plea is contrary to the record which is also evident from the fact that in September, 2017, two other posts were filled by the Corporation. As a matter of fact subsequent vacancies available in 2019 and 2020 have not been filled due to interim stay.
11. In Para-6 of Instructions dated 20.08.1998 (hereinafter referred to as 'the instructions'), which is relevant in present case reads as under:-
"6. At this Stage of initial operation of a roster, it will be necessary to adjust the existing appointments in the roster. This will also help in identifying the excesses/shortages, if any in the respective categories in the cadre. This may be done starting from the earliest appointment and making an appropriate remark "utilised by SC/ST/OBC/Gen. etc.", as the case may be against each point in the rosters as explained in the explanatory notes appended to the model rosters. In making these adjustments, appointments of candidates belonging to SCs/STs/OBCs which were made on merit (and not due to reservation) are not to be counted towards reservation so far as direct recruitment is concerned. In other words, they are to be treated as general category appointments."::: Downloaded on - 31/01/2022 23:30:21 :::CIS 8
12. Clauses 1 and 2 of Initial Operation contained in Annexure A appended with aforesaid Instructions, after explanatory note are also relevant in present case, which read as .
under:-
"1. As the point of initial operation of the roster, it will be necessary to determine the actual representation of the incumbents belonging to different categories in a cadre vis-a-vis the points earmarked for each category viz. SC/ST/OBC and General in the roster. This may be done by plotting the appointments made against each point of roster starting with earliest appointee. Thus, if the r earlier appointee in the cadre happens to be a candidate belonging to the Scheduled Castes, against Point NO.1 of the roster, the ramark "utilized by SC" shall be entered. If the next appointee is a general category candidate, the remark "utilized by general category" shall be made against point No.2 and so on and so forth till all appointments are adjusted in the respective rosters. In making these adjustments, SC/ST/OBC candidates on merit, in direct recruitment, shall be treated as general category candidates.
2. After completing the adjustment as indicated above, a tally should be made to determine the actual percentages of representation of appointees belonging to the different categories in the cadre. If there is an excess representation of any of the reserved categories, or if the total representation of the reserved categories exceeds 50%, it shall be adjusted in the future recruitment. Vacancies arising from retirement etc. of candidates belonging to such categories shall be filled by appointment of candidates belonging to the ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 9 categories to which the relevant roster points, against which the excesses occur, belong."
13. Para-6 of the Instructions provides that in making adjustments, against Roster point, appointments of the .
candidates belonging to SCs/STs/OBCs, which were made on merit, and not due to reservation, are not to be counted towards reservation so far as "direct recruitment" is concerned. Earlier this principle was not applicable to the promotional Roster.
However vide communication No.PER(AP)-C-F(II)-3/98 dated circulated, clarifies as under:-
r to 18.11.2004 issued by Department of Personnel AP-III, as "... ... ...that the Scheduled Caste/Scheduled Tribe candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will not be adjusted against the reserved points of the reservation roster. They will be adjusted against un-reserved points. Further, it has also been clarified that the Scheduled Caste/ Scheduled Tribe candidates appointed on their own merit (by direct recruitment or promotion) and adjusted against un-reserved points will retain their status of Scheduled Caste/Scheduled Tribe and will be eligible to get benefit of reservation in future/further promotions, if any."
14. Instructions also contain guidelines for initial operation of the Roster for determination of actual representation of the incumbents belonging to different categories in a cadre vis-a-vis the points earmarked for each category i.e. SC/ST/OBC and General in the Roster.
::: Downloaded on - 31/01/2022 23:30:21 :::CIS 10Appointments made against each point of Roster may be plotted starting with earliest appointee and if the earlier appointee in the cadre happens to be a candidate belonging to Scheduled Caste .
against Point No.1 of the Roster the remark "utilized by SC" shall be entered and if the next appointee is a General category candidate the remark "utilized by General category" shall be made against Point No.2 and so on and so forth till all appointments are adjusted in the respective Rosters. In making these adjustments, SC/ST/OBC candidates appointed/promoted on merit, shall be treated as General category candidates.
15. After completing the adjustment as indicated above, percentage of representation of appointees belonging to different categories in the cadre should be determined and in case there is excess representation of any of reserved category or if total representation of reserved category exceeds 50%, it shall be adjusted in future recruitment.
16. It is also settled that in 13 Point Roster, Principle of Replacement/Replacement Theory is not applicable rather Roster is to be continued rotating it forever on the basis of vacancies.
17. On the basis of pronouncements of the Supreme Court in R.K. Sabharwal and others vs. State of Punjab and others, (1995) 2 SCC 745; Post Graduate Institute of Medical Education & Rsearch, Chandigarh vs. Faculty Association and others with many other connected matters, (1998) 4 SCC 1; and judgment of Division Bench of this High Court in Dharam Pal vs. State of H.P. and another, 2009 (1) Shim.L.C. 140, and also taking into ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 11 consideration instructions/guidelines issued by the Government vide communication dated 20.08.1998 and 18.11.2004 following principles for adjudication of present case have emerged:-
.
A. There is difference between the "post" and the "vacancy":
(i) "Post" denotes the number of posts in the cadre, whether filled or vacant. "Cadre Strength" is equal to the created/existing posts in the cadre.
(ii) "Vacancy" means a vacant post available for appointment, through recruitment/promotion, on creation of new post(s) or retirement, death or resignation or for any other reason removal of the incumbent working on the post.
B. There is difference between "Roster Point" and "position" in the seniority list:
(i) "Roster" denotes division/allotment of posts in the cadre to different categories on the basis of quota of reservation notified for each category. In the Roster Register, "Roster Point" reflects availability of post or vacancy for a particular category in the cadre.
(ii) "Seniority list" denotes the position of the incumbent in the cadre assigning his seniority inter se the incumbents posted/appointed in the cadre. Seniority list is not to be prepared on the basis of Roster Point, but on the basis of appointment/entry in the cadre subject to other guidelines/instructions related to 'accelerated promotion' and 'principle of catch up'.
C. Accelerated promotion
When a person belonging to reserved
category, for allotment/availability of post in higher cadre against the Roster Point allotted to such ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 12 reserved category, is promoted prior to his seniors, in feeder cadre, of Un-Reserved or other category, by giving preferential treatment, then it is accelerated promotion.
D. Principle of Catch up .
When a person of reserved category for vacancy at a Roster Point reserved to his category gets accelerated promotion prior to his seniors, in feeder cadre, of Un-Reserved/other category and lateron his senior also gets promotion but before further promotion of person promoted by accelerated promotion, then senior, in feeder cadre, shall rank senior to him in promoted cadre also, irrespective of date of his promotion vis-a-vis date of promotion of person promoted by r accelerated promotion.
E. Replacement Theory/Principle of Replacement Once all posts are filled as per Roster, then vacancies subsequent thereto are to be filled on the basis of replacement i.e. the post vacated by a person of a particular category i.e. UR/SC/ST/OBC etc., shall be filled from the same category.
F. There are two types of Rosters, one is 100 Point Roster and another is 13 Point Roster.
G. For a cadre of 2-13 posts 13 Point Roster shall be applicable and in such Roster:-
(i) the Roster depicted in the Chart Annexure-D with instructions dated 20.08.1998 is to be read from Entry-1 under the Column "Cadre Strength" till the last post and then horizontally till the last entry in the horizontal row i.e. like 'L';
(ii) All the posts of the cadre are to be earmarked for the categories shown under column "Initial Recruitment";
(iii) While initial filling up will be by the earmarked category, the replacement against ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 13 any of the post in the cadre shall be by rotation as shown horizontally. After exhausting last Roster Point, Roster shall be rotated again from Point No.1;
(iv) In case of non-availability of candidate of .
reserved category against the vacancy available for that category in the Roster Point, the said Roster Point shall be carried forward and in case of promotion such post shall be filled by consuming next Roster Point by promoting a person of the category to which next Roster Point is available. As and when eligible candidate of the category shall be available, the Roster Point for that category shall be exhausted by appointing/promoting r such candidate on availability of vacancy; and
(v) The relevant rotation by the indicated reserved category could be skipped over if it leads to more than 50% reservation of reserved category.
H. Replacement theory is applicable to 100-Point Roster as percentage of posts available to each category can easily be calculated and maintained in 100-Point Roster. Whereas, in 13 Point Roster, replacement theory is not applicable as for less number of posts in a cadre, where 13 Point Roster is applicable, percentage of reservation cannot be achieved as per entitlement of the particular category and in case percentage of reserved category is maintained then, percentage of Un- Reserved category shall decrease and in case percentage of Un-Reserved category is maintained, then percentage of reserved category shall decrease. Further all reserved categories may not get adequate chance and, therefore, 13-Point Roster has been evolved by the Government to ensure representation of all categories by rotation.
::: Downloaded on - 31/01/2022 23:30:21 :::CIS 14Therefore, in 13-Point Roster, instead of replacement theory, the vacancy is to be filled-in on the basis of Roster Point available in 13-Point Roster by applying it in 'L' shape application of Roster as mentioned supra.
.
I. In case of single cadre post reservation is not permissible.
18. Reservation has been provided in the Government jobs for socially and economically backward classes under Articles 15 and 16 of the Constitution of India for social justice and equality amongst all sections of the society. However, as provided under Article 335 of the Constitution maintenance of efficiency of administration is also to be taken into consideration at the time of dealing with claim of the members of Scheduled Caste and Scheduled Tribe. Therefore, whenever, in case of promotion especially in small cadre/establishments, against Roster Point available for reserved category, eligible person of that category is not available, then the vacancy available for filling up such Roster Point is not to be kept vacant, but is to be filled by utilizing next Roster Point. However, for ensuring compliance of reservation, for social justice, the Roster Point meant for reserved category is to be carried forward for utilization as and when candidate of that category is available, but subject to availability of vacancy/post, because on keeping the post vacant, particularly in small cadres/establishments, efficiency of administration would definitely be hampered and suffered. Therefore, a post cannot be kept vacant for indefinite period or long period in anticipation of availability of a candidate ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 15 of a particular category, who is not eligible/available on the date of vacancy or date of filling the said vacancy. Promotion is incident of service, which may occur or may not happen in a .
service career of a person. It is a settled law that right to consider for promotion against available post, is a fundamental right but promotion is not a fundamental right.
19. Petitioner has placed on record final seniority list of Senior Assistants as existing on 25.05.2017, wherein petitioner is at Sl. No.3 and Hira Nand (SC) is at Sl.No.4, as depicted in Table-
B as under:- r Table-B Sr.No. Name of Employee
1. Smt.Godavari Sharma
2. Sh.Suresh Sharma
3. Sh.Yashwant Singh
4. Sh.Hira Nand (SC)
5. Sh.Lal Chand
6. Smt.Shashi Thakur
7. Sh.Amar Chand
8. Sh.Hem Chand (SC)
20. At the time of filing the petition, though petitioner Yashwant Singh was at Sl.No.1, but Roster Point-7 allotted to Scheduled Caste was vacant and, therefore, first post out of the three posts, available in September, 2017 for promotion, was to be given to Scheduled Caste candidate Hira Nand, who, ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 16 according to Corporation, was eligible on that date as, according to the information supplied by the Corporation, aforesaid persons, referred in the seniority list in Table-B, were eligible for .
promotion to the post of Superintendent Grade-II on 03.09.2017.
At the time of promotion in September, 2017 though Hira Nand was to be considered prior to his seniors for availability of Roster to the Scheduled Caste, being carried forward since 2016, however, in seniority he was to be placed below Godavari Sharma and Suresh Kumar Sharma. Thereafter, against next post becoming available in July, 2019 petitioner Yashwant Singh was to be considered and on his promotion, he was to be assigned seniority above Hira Nand being senior to him in the feeder cadre for the reason that Hira Nand would not have been promoted to the next cadre of Superintendent Grade-I prior to July, 2019 as persons, seniors to him in cadre of Superintendent Grade-II, were already there available for consideration of promotion to the post of Superintendent Grade-I and moreover the post of Superintendent Grade-I was not available and on promotion of Yashwant Singh against Roster Point-12 before further promotion of Hira Nand to the next cadre, being senior in feeder cadre Yashwant Singh ought to have been placed above Hira Nand in seniority.
21. Other two posts of Superintendent Grade-II became available in September, 2019. These posts would have been filled in after September, 2019 say in October, 2019. At that time, promotion was to be made against Roster Points No.13 and ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 17
14. Roster Point-13 is meant for Un-Reserved, whereas Roster Point-14 is for Scheduled Tribe. No Scheduled Tribe candidate was available, therefore, Roster Point 14 should have been kept .
unutilized and vacancy should have been filled utilizing next Roster Point No.1 rotating the 13 Point Roster again and vacancy should have been filled as unreserved for exhausting the all Roster Points in one round. As such, Lal Chand and Shashi Thakur would have been promoted in October, 2019. Next two vacancies became available in January, 2020 and October, 2020.
These posts were to be filled in as per Roster Points-2 and 3 as allotted for Un-Reserved categories and accordingly in February, 2020 and November, 2020 respectively, Amar Chand would have promoted against Roster Point 2 and Hem Chand, though Scheduled Caste candidate but being seniormost, would have been promoted on merit against Roster Point No.3 available for Un-reserved category subject to eligibility. Roster Point 14 meant for Scheduled Tribe should have been carried forward.
Subsequent vacancies are to be filled accordingly and for non-
availability of a person belonging the category for which Roster Point is available, the vacancy is to be filled by utilizing next Roster Point.
22. Aforesaid discussion would be more clear from the following hypothetical Tables:-
Table-1 Superintendent Grade-I = 2 Posts st 1 Post Date of Retirement/Further appointment/Further promotion ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 18 promotion Smt.Ram Kali 09.09.2019 27.08.2020 as Secretary M.C. Shimla Suresh K.Sharma 23.10.2020 31.08.2021 Vacant 31.08.2021 ----
2nd Post .
Date of Retirement/Further
appointment/Further promotion
promotion
Durga Dass 09.09.2019 Till date
Filled
Table-2
Roster Register for the post of Superintendent Grade-II= 6 Posts Date of Roster Catego Vacancy Date of Names of Further vacancy Point ry of promotion promottees promotion/retire Roster ment 31.08.2015 1 SC 1 29.05.2015 Sh.Bhagi 31.08.2015 Ram 31.03.2017 2 UR 1 29.05.2015 Sh.Jai 31.03.2017 r Prakash Sharma 31.03.2017 3 UR 1 29.05.2015 Sh.Harpal 31.03.2017 Singh 31.01.2016 4 UR 1 29.05.2015 Sh.Diwan 31.01.2016 Chand 31.08.2016 5 UR 1 29.05.2015 Smt.Anita 31.08.2016 Sharma 30.09.2017 6 UR 1 09.09.2019 Smt.Ram 30.09.2017 Kali 7 SC Carried forward for non-availability of SC candidate. To be utilized by promotion of Hira Nand w.e.f. 22.09.2017.
31.08.2015 8 UR 1 18.06.2016 Raksha Devi Retired on
Note:- 30.06.2019
Roster
point 7
of ST
carried
forward
31.01.2016 9 UR 1 Durga Dass Promoted as
Note:- Superintendent
Roster Grade-I on
point 7 09.09.2019
of ST
carried
forward
31.08.2016 10 UR 1 22.09.2017 Godawari Retired on
Note:- Sharma 31.01.2020
Roster
point 7
of ST
carried
forward
31.03.2017 7 SC 1 22.09.2017 Hira Nand
::: Downloaded on - 31/01/2022 23:30:21 :::CIS
19
(may have
been
promoted
here against
the Roster
Point No.7)
.
31.03.2017 11 UR 1 22.09.2017 Suresh Promoted as
K.Sharma Supdt.Grade-I
on 23.10.2020
30.06.2019 12 UR 1 7/2019 Yashwant
Singh
(may have
been
promoted
against the
Roster Point)
09.09.2019 13 UR 1 10/2019 Lal Chand
(may have
been
promoted
r against the
Roster Point)
14 ST Carried forward for non-availability of ST candidate. To
be utilized later on availability of candidate and post/ vacancy.
09.09.2019 1 UR 1 10/2019 Shashi
Note:- Thakur
Roster
(may have
point 14
been
of ST
promoted
carried
against the
forward
Roster Point
for UR)
31.01.2020 2 UR 1 02/2020 Amar Chand
Note:-
(may have
Roster
been
point 14
promoted
of ST
against the
carried
Roster Point
forward
for UR on
own merit)
23.10.2020 3 UR 1 11/2020 Hem Chand
Note:- (SC)
Roster
(may have
point 14
been
of ST
promoted
carried
against the
forward
Roster Point
for UR)
::: Downloaded on - 31/01/2022 23:30:21 :::CIS
20
Table-3A
Superintendent Grade-II
Seniority as on 22.09.2017
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1 Ram Kali 6
.
2 Raksha Devi 8 30.06.2019 retired
3 Durga Dass 9
4 Godawari 10
Sharma
5 Suresh 11
K.Sharma
6. Hira Nand 7
Table-3B
Superintendent Grade-II
Seniority as on 31.07.2019
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1 Ram Kali 6 09.09.2019 promoted
as Supdt. Grade-I
2 Durga Dass 9 09.09.2019 promoted
3
r Godawari 10
as Supdt. Grade-I
Sharma
4 Suresh 11
K.Sharma
5. Yashwant 12
Singh
6. Hira Nand 7
Table-3C
Superintendent Grade-II
Seniority as on 30.10.2019
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1. Godawari 10 31.01.2020 retired
Sharma
2. Suresh 11
K.Sharma
3. Yashwant 12
Singh
4. Hira Nand 7
5. Lal Chand 13
6. Shashi 1
Thakur
(Note:-
Roster point
14 of ST
carried
forward)
Table-3D
Superintendent Grade-II
Seniority as on 31.03.2020
Seniority Name of Roster Point Date of retirement/
no. employee promotion
::: Downloaded on - 31/01/2022 23:30:21 :::CIS
21
1. Suresh 11 23.10.2020 promoted
K.Sharma as Supdt. Grade-I
31.08.2021 retired as
Supdt. Grade-I
2. Yashwant 12
.
Singh
3. Hira Nand 7
4. Lal Chand 13
5. Shashi 1
Thakur
(Note:-
Roster point
14 of ST
carried
forward)
6. Amar Chand 2
(Note:-
Roster point
14 of ST
carried
forward)
r Table-3E
Superintendent Grade-II
Seniority as on 31.12.2020
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1. Yashwant 12 Yet to be promoted
Singh w.e.f. 7/2019
2. Hira Nand 7 Yet to be promoted
w.e.f. 9/2017
3. Lal Chand 13 Yet to be promoted
w.e.f. 10/2019
4. Shashi 1 Yet to be promoted
Thakur w.e.f. 10/2019
(Note:-
Roster point
14 of ST
carried
forward)
5. Amar Chand 2 Yet to be promoted
w.e.f. 2/2020
(Note:-
Roster point
14 of ST
carried
forward)
6. Hem Chand 3 Yet to be promoted
w.e.f. 11/2020
(Note:-
Roster point
14 of ST
carried
forward)
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23. In view of aforesaid discussion, respondent No.2- Corporation is directed to consider the case of petitioner and others eligible candidates serving in feeder category for the post .
of Superintendent Grade-II in the light of aforesaid observations of this Court and to promote Hira Nand from 22.09.2017, Yashwant Singh from September, 2019, Lal Chand and Shashi Thakur from October, 2019, Amar Chand from February, 2020 and Hem Chand from November, 2020 to the post of Superintendent Grade-II, but subject to eiligibility, with all consequential benefits, including seniority, continuity, annual increments, earned leave and counting of service towards pensionary benefits, accruing thereon w.e.f. their promotion from the aforesaid deemed dates, but on notional basis, till date of actual promotion. One post of Superintendent Grade-I has become available on 31.08.2021 which has to be filled by promotion from feeder cadre of Superintendent Grade-II w.e.f.
September, 2021. Therefore, in case any candidate/person is entitled for further promotion to the post of Superintendent Grade-I, his case shall be considered, simultaneously or immediately after completing exercise of promotion to the post of Superintendent Grade-II, but not later than 31.01.2022 as there is already sufficient delay in promotion of the petitioner despite his entitlement since September, 2019. Corporation is directed to take all necessary steps for promoting and granting all consequential benefits to all promotees to the posts of ::: Downloaded on - 31/01/2022 23:30:21 :::CIS 23 Superintendent Grade-II and Superintendent Grade-I as directed supra on or before 31.01.2022.
24. It is made clear that aforesaid illustration from/in .
Table-1 to Table 3-E is based on presumption on the basis of information supplied by Corporation that all persons in Table-B were and are eligible for promotion on due date. In case someone is not eligible on due date, then Corporation has to act accordingly but applying principles and observations made hereinabove.
25. Petition is disposed of in aforesaid terms, so also pending application(s), if any.
(Vivek Singh Thakur), Judge.
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