Anand Singh And Others vs Govt. Of NCT Of Delhi And Others

V. Ajay Kumar, Member, J

The applicants, 9 in number and working as Fireman in the 3rd respondent-Delhi Fire Service (DFS), filed the OA questioning the Annexure A-1 order dated 11.01.2015 whereunder the respondents 1 to 3 proposing to conduct the DPC for promotion to the post of Leading Fireman on 22.09.2015 by following the rule of reservations in promotions by creating a quota for SC/ST candidates as per their roster register of the respondents.

The main submission of the applicants, who belongs to general category is that no exercise of collecting the quantifiable data, as mandated by the Hon'be Apex Court in its Constitutional Bench decision in M. Nagaraj and Others Vs. Union of India and Others JT 2006 (9) SC 191 was conducted in the respondent-DFS and without following the directions made in the said decision, reservations cannot be provided in promotions to the post of Leading Fireman, for which the applicants are entitled, as per their seniority and merit, as per rules. The private respondent 4 to 15 belongs to reserved categories and also working as Fireman.

This Tribunal, on 21.09.2015 while issuing notices in the OA to the respondents, restrained them from making any promotions pending the OA. Again, by order dated 01.10.2015, in MA No.3279/2015, modified the said order by permitting the official respondents to proceed with the DPC for consideration for promotion of eligible candidates, who come within the zone of consideration, however, without following the reservations for SC/ST candidates.

Heard Shri M.K. Bhardwaj, the learned counsel appearing for the applicants, Shri Murari Lal for the private respondents 4 & 7 to 15 and learned counsel appearing for the official respondents.

When this matter was taken up for hearing, it is submitted by all the counsels that in pursuance of the order dated 01.10.2015 passed in MA No.3279/2015, the official respondents have conducted the DPC without following the rule of reservation, but in view of the stay orders, no appointments were made till date. It is further submitted by all the counsels that they have no objection if the OA is disposed of by permitting the official respondents to proceed with the DPC recommendations and by issuing appointment orders, however, granting liberty to all the parties of the OA and to others, to agitate for their rights, if they are still aggrieved.

In the circumstances, the OA is disposed of accordingly and the respondents shall proceed with the DPC recommendations and if any of the parties of the OA or any other persons are aggrieved, they are at liberty, to avail their remedies, in accordance with law. No costs.