AI Structured Summary
Not yet generated for this judgment
Judgment
Hon’ble Shri B. Anand, Member (A)
The present O.A. has been filed seeking the following relief(s):-
“8.1.Quash and set aside the illegal and infructuous administrative appointments and cadre allocations of Respondent No. 9, Ms. Swati Sharma, and Respondent No. 10, Ms. Neera, within the Department of Social Welfare; and
8.2.Direct that the promotions of Respondent No. 9 and Respondent No. 10 to the post of Senior Superintendent be kept in absolute abeyance and withheld until the final adjudication of the seniority and initial appointment disputes; and
8.3.Direct a thorough inquiry/verification through the UPSC regarding the selection and appointment of Respondent No. 10 as she is not enlisted in the result declared by UPSC dated 08.05.2020, if appointment found correct then her appointment be under WCD along with Respondent 7; and
8.4.Direct the Respondents to terminate the unauthorised working of the 11 additional Superintendents within DSW on diverted capacity, and order their repatriation to the WCD cadre against its 47 clear existing vacancies, with all consequential benefits, ensuring clean segregation of the departments; and
8.5.Direct the Respondents to immediately process and convene a regular Departmental Promotion Committee (DPC) to fill the long-vacant positions of 15 Senior Superintendent (Technical) as mutually agreed upon between DSW and WCD vide letter dated 01.01.2026, from the eligible, native feeder cadre officers of DSW, as directed in O.A. No. 2309/2022 by this Hon’ble Tribunal; and
8.6.Direct the Respondents to correct DSW’s Superintendent cadre strength in terms of its sanctioned posts, and thereupon to consider Applicants No 1 and, 3 to 23 for promotion to the post of Superintendent strictly in accordance with their eligibility and the Recruitment Rules, 2011, without further delay; and
8.7.Direct the Respondents to (i) grant a one-time relaxation permitting the long-vacant direct-recruitment slots in the cadres of Superintendent and Senior Superintendent (Technical) since 2008 & 1993 respectively to be filled through 100% promotion from the eligible feeder cadre, and (ii) thereafter initiate a formal review and amendment of the Recruitment Rules for both the Superintendent and Senior Superintendent posts, in consultation with the Services Department (GNCTD) and UPSC, upgrading them to 100% promotional posts permanently, to prevent future stagnation; and
8.8.Pass any such other order(s) as this Hon’ble Tribunal may deem fit and proper in the interest of equity and justice.”
During the course of the arguments, learned counsels for the respondents state that multiple relief are being agitated in the present O.A. and also submits that the appointments against which the applicants are seeking relief have been made as early as in the year 2020, thereby, attracting the issue of limitation.
To this, learned counsel for the applicants submits that the applicants have been sending multiple representations to the respondents including the latest one dated 11.05.2026 which are still pending consideration. At this stage, he submits that the applicants would be satisfied if a direction were to be given to the respondents to consider and dispose of all the pending representations of the applicants by way of a reasoned and speaking order within a limited time frame.
Issue notice to the respondents. Mr. H.A. Khan, learned counsel, Mr. Amit Anand, learned counsel, and Mr. RV Sinha, learned counsel who appears on advance service, accept notice.
In view of the limited prayer made by the learned counsel for the applicants and keeping in view no objection from the learned counsels for the respondents, the O.A. is disposed of at the admission stage itself and without going into the merits of the case, with a direction to the applicants to prefer fresh representations to the respondents which shall be carefully considered by the competent authority amongst the respondents and disposed of by way of reasoned and speaking order within a period of six weeks from the date of receipt of the said representations. However, it is made clear that the issue of limitation shall remain open.
The O.A. stands disposed of in the aforesaid terms. Pending M.As. also stand disposed of.
There shall be no order as to costs.