Tarun Kapoor & Others vs Secretary, UPSC & Others

L. Narasimha Reddy, J

The applicants are holding the substantive post of Pollution Control Officer (PCO). The next promotion is to the post of Deputy Commissioner

(Transport). For some time they held the promotional post on ad hoc basis. In the context of their regular promotion, the matter was entrusted to

UPSC. Through a communication dated 11.09.2020, the UPSC informed the Delhi Administration that the post remained vacant for a period

exceeding two years and in view of OM dated 12.04.2017 issued by Department of Expenditure, whenever a post remained unfilled for a period

exceeding two years, it is deemed to have been abolished and unless it is revived, the selection cannot take place. It is also mentioned that the

vigilance clearance must be in a particular form and the details of punishments, if any, imposed upon the officers must be furnished. This OA is filed

challenging the communication dated 01.09.2020.

The applicants contend that the post did not remain vacant and they held them, albeit on ad hoc basis, and that the view taken by UPSC cannot be

sustained in law.

We heard Mr. M. K. Bhardwaj, learned counsel for the applicants and Mr. R. V. Sinha with Mr. Amit Sinha and Ms. Esha Mazumdar, learned

counsel for the respondents at the stage of admission through video conferencing.

It may be true that the applicants held the post of Deputy Commissioner (Transport) on ad hoc basis for some time. The fact, however, remains

that in terms of the OM issued by Department of Expenditure, if the post is not regularly filled up for a period of 2 years, it is deemed to have been

abolished. In case, the promotion or appointment is to be made to that post, an order needs to be passed for reviving it. It is brought to our notice that

the Delhi Administration has already sent a proposal to the Hon’ble Lieutenant Governor. The applicants have to wait till the posts are revived. So

far as the other conditions to be consider, we find anything abnormal about the same.

We, therefore, dispose of the OA directing the Delhi Administration i.e. Respondent No. 2 to expedite the process of revival of the posts and to

comply with the other conditions. It is need less to mention that as soon as the posts are revived necessary steps for promotion shall be taken.

There shall be no order as to costs.

Order Dasti.