Brijesh Kumar vs Delhi Development Authority & Others

Aradhana Johri, Member (A)

The applicant was appointed as Assistant Executive Engineer with the respondents on 10.12.2013 against direct recruitment quota. He was confirmed on this post on 15.11.2018. The next promotional post was Executive Engineer (Civil) for which a DPC was held on 16.01.2019 in which the applicant was found fit for promotion. Just after the DPC, on 21.01.2019, a complaint was received against the applicant, that he had been absent from 06.10.2017 to 13.11.2018. Though the applicant had applied for medical leave for this period, his leave was not sanctioned by the competent authority and he was treated as absent from duty. As a follow up to the DPC meeting of 16.01.2019, promotion orders were issued on 14.06.2019, but the applicant was not promoted on the ground that he did not complete the qualifying service of five years as on the relevant date.

It is the contention of the applicant that his juniors, Mr. Amit Singh and Ms. Taruna Choudhary who were considered in the same DPC as him, have been promoted on 14.06.2019, therefore, he should also be promoted from the date of promotion of his juniors and all consequential benefits should be given to him. He has claimed that his case is similar to that of Lokendra Singh Rajpurohit, who was given relaxation from qualifying service under DOP&T OM dated 31.12.2010 which provides for relaxation of requisite qualifying service by half the period of qualifying service or two years, whichever is less. The applicant claims that he is also covered by the same OM and should get the benefit of relaxation of qualifying service which was short by about 13 months due to the period from 06.10.2017 to 13.11.2018 being taken as absence from duty.

The respondents while admitting the facts of the matter have stated that as per the Recruitment Rules for the post of EE (Civil) notified in the Gazette dated 25.07.2017, the AEE Civil with five years of regular service in the grade will be considered for the post of EE (Civil). The applicant was appointed in the grade of AE (Civil) on 10.12.2013 and was eligible to be considered for promotion on 01.01.2019. However, after excluding the period of absence from 06.10.2017 to 13.11.2018 he has not completed the requisite five years of service

Heard Shri M. K. Bhardwaj, learned counsel for the applicant and Ms. Sriparna Chatterjee, learned counsel for the respondents and perused the record.

There is no dispute on the facts of the matter. The only short point for adjudication is whether the applicant qualifies for any benefit under the DOPT OM of 31.12.2010. The relevant provision of the said OM read as under:-

"NOTE : "Where juniors who have completed their qualifying /eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying/eligibility service by more than half of such qualifying/eligibility service or two years, whichever is less and have successfully completed probation period for promotion to the next higher grade along with their juniors ho have already completed such qualifying/eligibility service."

We are of the view that the case of the applicant is squarely covered under this OM. Complaints received on the threshold of promotion or holding of DPC, as in this case, are often motivated. The DPC found the applicant fit for promotion and the respondents also did not hold anything against him and promoted him on 21.01.2021, after he completed five years of qualifying service as per their reckoning. Therefore, since he is covered by the said OM, and his juniors Mr. Amit Singh and Ms. Taruna Choudhary have been promoted on 14.06.2019, he is also eligible for promotion from the same date.

OA is allowed. The applicant shall be extended the benefit of relaxation of the shortage of service subject to maximum of two years and shall be entitled to be promoted with effect from the date on which his immediate junior was promoted to the post of Executive Engineer (Civil). However, he is not eligible for arrears of pay.