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Judgment
L. Narasimha Reddy, J
The applicant joined the service of the Sashastra Seema Bal (SSB), as Sub Inspector in 1983; and left that organisation in the year 1986 to join
National Buildings Construction Corporation (NBCC), as Junior Engineer (JE) (Civil) on 03.02.1986. Hardly within three months, he left that
organisation and was selected as JE in the Delhi Development Authority (DDA), and was appointed on 21.05.1986. The DDA counted his service
only from 21.05.1986 and not counted the one rendered earlier to that date. It is stated that the applicant did not submit any proof of acceptance of his
resignation in the SSB or NBCC, much less, the proportionate pension was forwarded by those agencies to the DDA. He made several
representations in this behalf.
Recently, the respondents issued an order dated 21.01.2021, promoting 21 Assistant Engineers to the post of Executive Engineer(EE). Many of
them are said to be juniors to the applicant. He filed this OA with a prayer to direct the respondents to promote him to the post of Chief
Engineer/Superintending Engineer or at least to the post of EE, by suitably amending the order dated 21.01.2021. A prayer is also made for a direction
to the respondents to count his service rendered in the SSB and NBCC.
The applicant contends that once he has submitted resignation to both the organisations where he was employed as and when he left them, the
DDA was under obligation to count the corresponding service. It is stated that on account of denial of his past service, he is being treated as junior
and thereby denied the promotions also.
We heard Shri Lalit Ajmani, learned counsel for applicant and Shri Subhash Gosain, learned counsel respondents, at the stage of admission.
The DDA happens to be the third organisation, in which the applicant joined. Earlier he held the post of Sub-Inspector in SSB, and of JE, in the
NBCC. The benefit of past service could have been extended to the applicant if only his resignations in those organisations were accepted and the
corresponding retirement benefits were transferred to the DDA. Except that the applicant has enclosed a letter of resignation, he did not file any
proceedings in proof of acceptance thereof. Once that is not done, his service is liable to be counted from the date he joined the DDA. It is not his
case that any junior who joined subsequent to 21.05.1986 is treated as senior to him.
Under these circumstances, we do not find any merit in the OA and the same is accordingly dismissed.
It is needless to mention that in case the applicant is able to get the relevant documents, the same shall be taken into account. We also take note of
the fact that an observation is made in the record that the applicant is in the habit of threatening officers. If he does not desist from such practice, the
DDA shall take necessary steps so that discipline is not disturbed in the organisation.
Pending MA No.260/2021 shall stand disposed of.
There shall be no order as to costs.