Sh. Rajbir Singh vs Housing And Urban Development Corporation

L. Narasimha Reddy, J

The complaints as to delay in disposal of civil and criminal appeals at the level of High Court are mostly when the pendency continues for decades together. However, the situation, as regards service matters, does not appear to be substantially different.

The applicants, who by all means, may have retired from service, were inducted as class IV in the Housing & Urban Development Corporation (HUDCO), the 1st respondent herein. They approached the Hon'ble Delhi High Court by filing W.P. (C) No.4002/1994, pleading that the non-extension of ad hoc promotion to them to the higher post, i.e., Assistant Grade III, is illegal and arbitrary. The W.P. was not entertained and it was left open to the applicants to work out the remedies under Section 10 (1) of the Industrial Disputes Act. Efforts made by them on those lines did not yield any result, except that they were made to go from pillar to post in the Industries Department.

Thereafter the applicants filed W.P. (C) No.2122/1995 before the Hon'ble Delhi High Court seeking a declaration to the effect that the HUDCO Recruitment & Promotion Rules, 1994 framed by the 1st respondent contained in paragraph 4.2.9, read with Rule 13, are arbitrary and void, insofar as they take away their right to be promoted to the post of Assistant Grade III. The W.P. was pending before the Hon'ble Delhi High Court for eighteen years. At that stage, the 1st respondent was brought under the purview of Central Administrative Tribunal. Therefore, the W.P. was transferred to this Tribunal through an order dated 21.03.2013. On such transfer, it was re-numbered as T.A. No.15/2013. Here again, this case underwent several adjournments, but there was no representation for the applicants since July, 2018. Yesterday also, it was listed but since there was no representation, we passed an order indicating that if no one turns up on behalf of the applicants, the T.A. would be dismissed for default.

Though we could have dismissed the T.A. for default with deference to the fact that it was pending before the Hon'ble Delhi High Court and the Tribunal for the past about quarter-century, we perused the record and propose to address the issue to the extent it is possible.

The applicants joined service of 1st respondent as class IV. They are entitled to be promoted to the post of Assistant Grade III, subject to certain conditions. The Recruitment Rules in this behalf were amended in the year 1994. The post occurs at Sl. No.80 in the Recruitment Rules and the eligibility for promotion is indicated as under:-

"Matric/Higher Sec. with typing speed @ 30w.p.m."

The grievance of the applicants is that on account of the stipulation in the Service Rules, they are not able to get promotion.

The applicants are not able to demonstrate that before the Recruitment Rules were amended, they were eligible to be promoted and on account of amendment, their chances are taken away. The Recruitment Rules are framed or amended to suit the convenience of administration. It is only when any vested right of an individual is effected on account of this amendment, that any possibility would arise for interference. The applicants are not able to spell out as to what right has been conferred upon them before the Rules came to be framed or amended.

Even from the perusal of the T.A., it appears that the applicants wanted the benefit of relaxation. Assuming that such facility existed before the Rules were amended, the relaxation cannot be claimed as a matter of right. By all means, the applicants may have retired from service and the possibility of granting any relief does not arise.

We do not find any merit in the T.A. It is accordingly dismissed.

There shall be no order as to costs.