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Judgment
O R D E R
By Justice Akhil Kumar Srivastava, JM;
By way of this Original Application, applicant interalia sought direction to respondents to given due consideration to the seniority of the applicant and if found suitable he shall be granted promotion with retrospective effect from the date of promotion same as of Shri S.V. Patil to the post of Foreman.
The facts of the case are that the applicant was appointed as Skilled Worker Grade I under the respondent on 17.07.1995 (Annexure A/2). Subsequent to the merger of pay scales by 5th and 6th CPC the Skilled Worker Grade I was redesignated as Technician Grade II. Applicant was promoted as Technician Grade I in the pay scale of Rs.5200-20200 with Grade Pay of Rs.2400/-vide order dated 01.06.2006 (Annexure A/3). One junior Shri S.V. Patil was also promoted to Technician Grade I during the same period. Subsequently he was promoted to the post of Foreman in pay scale of Rs.9300-34800/- in the year 2016 whereas applicant’s seniority was ignored by the respondents. Hence this Original Application.
Respondents in their reply have submitted that the Departmental Promotion Committee (DPC) was constituted by the respondents for considering names of candidates for promotion from the post of Technician Grade I to Foreman. The committee considered names of 7 technicians Grade I out of which name of applicant as well as SV Patil was considered. One post of Foreman for SC candidate was lying vacant. DPC after going through record, 5 years ACR, Vigilance & integrity certificate, recommended name of Shri S.V. Patil who belongs to SC category was promoted to the post of Foreman.
In the rejoinder to the reply filed by the respondents, applicant has submitted that the respondents have promoted Shri Durga Prasad Mahto on 05.03.2020 (Annexure A/5) from the post of Technician Grade I to Foreman and he being senior he was given promotion to the post of Foreman on 07.07.2020 (Annexure A/8). Applicant become eligible for promotion on completion of 6 years of service as Technician Grade I and Applicant got retired on 31.07.2022 and he has not been paid retiral benefits and his gratuity and GIS benefit were was delayed for three months and pension was also delayed.
We have heard the learned counsel for both the parties and perused the pleadings and documents annexed therewith.
We find that on 13.08.2016 Departmental Promotion Committee (DPC) was constituted by the respondents for considering names of candidates for promotion from the post of Technician Grade I to Foreman. The committee considered names of 7 technicians Grade I out of which name of applicant being General candidate as well as SV Patil being SC candidate was considered. On perusal of the proposal for promotion from Technician Grade I to Foreman we find that only one regular vacancy was available. Therefore, DPC after going through record, 5 years ACR, Vigilance & integrity certificate, recommended name of Shri S.V. Patil who belongs to SC category was promoted to the post of Foreman w.e.f.16.08.2016. Applicant has not impleaded S.V. Patil, D.P. Mahto as a party respondent. Since there was only one regular vacancy to the post of Foreman, S.V.Patil being SC category was recommended and promoted. Hence we do not find any merits in this case. Accordingly, the O.A. is dismissed. No order as to costs.