Anil Nijhawan and Another vs UHBVNL and Others

Rakesh Kumar Garg, J.—As per the averments made in this petition, the petitioners who were recruited as Lower Division Clerks (hereinafter referred to as, ''LDCs'') were required to qualify the departmental examination for further promotion to the posts of Upper Division Clerk (hereinafter referred to as, ''UDC'') and Assistant, though, the petitioners could not pass the aforesaid departmental examination but they were promoted as UDCs against 25 percent quota meant for LDCs (who have not passed the departmental examination) on seniority-cum-merit basis with six year regular service. Thereafter, they were further promoted as Assistants. It is the further case of the petitioners that they appeared in the departmental examination held in the month of June 2008, however, their result was withheld on the ground that they were ineligible to appear in the said examination. The grievance of the petitioners is that in spite of the fact that one Ramesh Kumar, who was also promoted as UDC against the 25 percent quota, as the petitioners, had also appeared in the said departmental examination but was declared successful, whereas result of the petitioners was withheld being ineligible candidates. Aggrieved from the discriminatory treatment of the respondents, the petitioners filed representation dated 25th May, 2010 (Annexure P-8) for their further promotion to the post of Deputy Superintendent without complying with the condition of departmental examination or allowing them to appear in the departmental examination. It is the further case of the petitioners that the matter as aforesaid is under consideration of the respondents, which is evident from Memo No. 568/CAO/Exam/10 dated 4th August, 2010 (Annexure P-9). The petitioners have further submitted that they have also sent legal notices dated 27th January, 2012 and 30th January, 2012 (Annexures P-14 and P-15 respectively) but the respondents have failed to take any decision either on their representation or the legal notices as referred to above.

Keeping in view the facts and circumstances of the case, this petition is disposed of with a direction to respondent No. 2 to decide the representation (Annexure P-8) of the petitioners, in case the same is still pending, and the legal notices (Annexures P-14 and P-15). Let the said exercise be done within three months from the date of receipt of a certified copy of this order.