Valluri Vijayakumar vs Union Of India And Others

L Narasimha Reddy, J

Applicant is working as Meteorologist B in Indian Meteorological Department (IMD), Government of India. He contends that next promotion is to the post of Scientific Officer-I and though vacancies of that post are existing, the respondents have not taken any steps to fill them.

The respondents initiated steps for filing up the posts of Scientist E, Scientist D and Scientist C. Some of the posts of Scientist E are earmarked for deputation. Applications were invited and after screening, they have issued notice dated 26.06.2020 indicating the list of eligible candidates. The applicant filed this OA with a prayer to direct the respondents to defer the selection process in pursuance to notice dated 26.06.2020, till the posts of Scientist-I are filled up.

We heard the applicant who argued in person and Sh. Y.P. Singh, learned counsel for the respondents.

Obviously, because the applicant is not conversant with the procedure in filing the OAs, he did not frame the prayer in proper form. The main prayer itself is for suspension of the notice dated 26.06.2020. Such a prayer can be only in the form of interim relief.

Be that as it may, the grievance of the applicant is about the alleged delay or in action on the part of the respondents in filing up the posts of Scientist-I. The question as to whether there exists any post of Scientist -I and if so, whether the applicant is eligible to be considered for the same, needs to be considered separately. Assuming that the posts exists, it cannot constitute any basis to stall the selection process to fill the posts of Scientist E, Scientist C and Scientist D. To a specific query as to whether he had applied for any of these posts, the applicant stated that he did not. Once he did not apply for the post, there is no way, that he can have any grievance as regards the steps taken for filling up of those posts.

During the course of arguments, the applicant stated that the pay scale for the post of Scientist-I and the posts which are sought to be filled up is one and the same. Even if that is true, the applicant cannot have any grievance for filing up the post to which he did not apply.

We do not find any merit in the OA and the same is dismissed accordingly.

We, however, leave it open to the applicant to make representation for filing up any post to which he is entitled to be promoted.

There shall be no order as to costs.