Sh. Gaurav Sharma & Ors. vs Delhi Jal Board & Ors.

The present Original Application has been filed by the applicants seeking consideration of their claim for regular promotion to the post of Assistant Engineer (A.E.). It is the case of the applicants that, while granting them regular promotion, the period during which they had already become eligible for such promotion was not duly taken into consideration.

Learned counsel for the applicants submits that the applicants had earlier approached the respondents, and vide communication dated 07.06.2023, the respondents had informed them that the Recruitment Rules were under revision and, therefore, their cases for regular promotion could be considered only after the revised Recruitment Rules were notified.

It is submitted that the applicants continued to discharge their duties and awaited consideration of their cases for regular promotion. The revised Recruitment Rules were ultimately notified on 09.10.2023. According to learned counsel, thereafter, it was incumbent upon the respondents to consider the cases of the applicants for regular promotion without any further delay, subject to their fulfilling the prescribed eligibility conditions.

However, instead of doing so, the respondents took considerable time and ultimately granted regular promotion to the applicants only in the year 2024. Learned counsel submits that, on account of the delay on the part of the respondents, the applicants have suffered prejudice not only in terms of their seniority but also with regard to the qualifying service required for consideration for the next promotional post.

Learned counsel further submits that the applicants had approached the respondents both before and after their regular promotion by way of representations, but the said representations have remained unanswered.

Learned counsel for the respondents submits that, since the applicants have approached this Tribunal by filing the present Original Application, the Original Application itself may be treated as a representation and considered by the respondents in accordance with law.

We have heard learned counsel for the parties and perused the material placed on record.

Having regard to the nature of the grievance raised by the applicants, we deem it appropriate to dispose of the present Original Application with a direction to the respondents to treat the present Original Application as a representation of the applicants and consider the grievance raised therein, particularly with regard to the date from which they became eligible for regular promotion and the consequential effect, if any, on their seniority and qualifying service for further promotion.

The respondents shall consider the matter in accordance with the applicable Recruitment Rules and other relevant instructions and pass a reasoned and speaking order within a period of six weeks from the date of receipt of a copy of this order. The decision so taken shall be communicated to the applicants forthwith.

We make it clear that we have not expressed any opinion on the merits of the claim of the applicants. All questions are left open for consideration by the competent authority in accordance with law.

The Original Application stands disposed of accordingly. Pending MA’s ,if any, also stand disposed of. No order as to costs.