Delhi High Court
Suresh Biswas And Ors vs Union Of India Through Dgesic on 2 June, 2021
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 02.06.2021
+ W.P.(C) 5744/2021 & CM APPL. 18009/2021
SURESH BISWAS AND ORS ..... Petitioners
Through: Mr. Devendra Kr. Gupta, Adv.
versus
UNION OF INDIA THROUGH DGESIC ..... Respondent
Through: Mr.Arnav Kumar, Senior Panel
Counsel for UOI with
Mr.Akshat Singh, GP.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioners praying for the
following reliefs:-
(i) On the premise set forth above and the facts
and circumstances of the case, it is most
respectfully prayed that the Hon'ble Court may
graciously be pleased to issue writ of or in the
nature of certiorari and/or any other
appropriate writ/s, order/s or direction/s
quashing and setting aside the impugned
Judgement and Order dated 16.3.2021
(Annexure P-1) in O.A. No. 584/2021 passed by
the Hon'ble Central Administrative Tribunal,
Principle Bench, New Delhi.
(ii) To direct the Director General, Employees'
State Insurance Corporation, New Delhi -
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
W.P.(C) 5744/2021
110002 to hold the DPC for filling the post in
the grade of EE(Civil) for the panel year 2018-
19 and 2019-2020 in accordance with DOP&T
guidelines issued vide DOPT O.M. No.
36012/2/96-Estt (Res) dated 2.7.1997 and
letter no. 14017/2/1997-Esttt (RR) dated
19.01.2007 and Hon'ble Supreme Court
Judgments to promote the Applicants based on
post based roster.
(iii) To direct the DG, Employees' State Insurance
Corporation not to fill the Post of EE (Civil)
on deputation basis till the disparity in RR's
between EE (Civil) & EE (Electrical) and the
Claim of Petitioners is not disposed in
accordance with DOP&T guidelines."
2. The petitioners had filed O.A. No. 584/2021 before the learned
Central Administrative Tribunal, Principal Bench, New Delhi
(hereinafter referred to as 'CAT') inter alia contending therein that
they are working as Assistant Executive Engineer (Civil) (hereinafter
referred to as 'AEE (Civil)') with the respondent and are eligible for
promotion in the grade of Executive Engineer (Civil) (hereinafter
referred to as 'EE (Civil)'). As per the Employees State Insurance
Corporation Executive Engineer (Civil) Recruitment Rules of 2012,
these posts are to be filled with 50% from AEE (Civil) and 50% from
AE (Civil). They allege that there are 14 posts in the grade of EE
(Civil) out of which 8 posts of EE (Civil) have been filled by
promotion while 6 are to be filled as per DOP&T guidelines issued
vide DOP&T O.M. No. 36012/2/96-Estt. (Res) dated 02.07.1997 and
letter no. AB. 14017/2/1997-Estt. (RR)/Pt. dated 19.01.2007. They
made the following prayer in the O.A. before the learned CAT:-
"8. RELIEF SOUGHT
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
W.P.(C) 5744/2021
In the aforesaid facts and
circumstances, it is most respectfully prayed
that this Hon'ble Tribunal may be pleased to;
a) To direct the Director General, Employees'
State Insurance Corporation, New Delhi -
110002 to hold the DPC for filing the post in
the grade of EE(Civil) for the panel year 2018-
19 and 2019-2020 in accordance with DOP&T
guidelines issued vide DOPT O.M. No.
36012/2/96-Estt (Res) dated 2.7.1997 and
letter no. 14017/2/1997-Esttt (RR) dated
19.01.2007 and Hon'ble Supreme Court
Judgments to promote the Applicants based on
post based roster."
3. The learned CAT vide its Impugned Order dated 16.03.2021
disposed of the O.A. with the following direction:-
"5. We, therefore, dispose of the OA,
directing the respondents to take the necessary
steps for conducting the DPC for promotion to
the post of Executive Engineer, or to indicate
the reasons for not conducting the DPC at
present through a communication, to be given
within a period of four weeks from the date of
receipt of a copy of this order. There shall be
no order as to costs."
4. In the purported compliance with the said order, the respondent
issued an Office Order dated 18.05.2021 inter alia observing as
under:-
"5. DOPT O.M. 14017/2/1997-Estt(RR) dated
19.01.2007 referred is regarding revision of pay
scales-amendment of Service Rule/ Recruitment
Rules with regard to 5th CPC, whereby, it has been
made necessary to amend existing RR under Col. 11
of Annexure-1 in the DOPT guidelines dated
18.03.1988 to replace "percentage of the vacancies
to be filled by various methods" by "percentage of
the posts to be filled by various methods". Further,
DOPT in the aforesaid O.M. also provided
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
W.P.(C) 5744/2021
illustration how the post-based roster for
reservation and vacancy based roster for
appointment under various methods are to be
operated. The cadre strength of Executive Engineer
(Civil) is 14 and as per the provisions of RRs, 50%
posts are to be filled from AEE (C) and 50% of posts
are to be filled from AE (C). Accordingly, the total
no. of posts were equally earmarked and filled up
from the respective quota. 07 posts were filled from
AEE (C) Quota and out of 07 vacancies earmarked
to be filled from AE(C) only 01 vacancy was filled
from AE (C) quota. Remaining 06 vacancies against
Assistant Engineer (Civil) quota were unfilled due to
non-availability of eligible officers. These 06
vacancies are earmarked to be filled from AE (Civil)
Quota only and cannot be apportioned twice.
6. Since, no officer in Assistant Engineer
(Civil) cadre was eligible for promotion to the post
of Executive Engineer (Civil), therefore, as per
clause under column no. (10) of Recruitment
Regulations for the post of EE (Civil), "By
promotion failing which by deputation (including
short term contract)/absorption", 03 vacancies have
already been filled up by deputation including short
term contract and an advertisement was published in
Employment News dated 27 March-02 April, 2021
for filling up of remaining 03 vacant posts of
Executive Engineer (civil) on deputation/absorption
basis in ESI Corporation.
Keeping in view the above mentioned facts, the
claim of filling up of vacant posts of Executive
Engineer (Civil) by holding DPC for the panel year
2018-19 and onwards cannot be acceded to as no
post of Executive Engineer (Civil) is lying vacant
against the Assistant Executive Engineer (Civil)
Quota as on date."
5. The learned counsel for the petitioners submits that the above
Office Order dated 18.05.2021 is not in terms of the DOP&T
Guidelines dated 19.01.2007 and the DOP&T O.M. dated 02.07.1997.
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
W.P.(C) 5744/2021
He submits that the learned CAT failed to direct the respondent to
follow the above guidelines and O.M.
6. Having heard the learned counsel for the petitioners, we are of
the opinion that the Office Order dated 18.05.2021 issued by the
respondent gives a new/fresh and subsequent cause of action to the
petitioners, for which the petitioners would be at liberty to take
appropriate remedy, if so advised, in accordance with law. However,
the order dated 16.03.2021 passed by the learned CAT in O.A. No.
584/2021 cannot be faulted on this account. In fact the impugned
order has worked itself out.
7. In view of the above, the present petition is dismissed, however,
the petitioners shall be at liberty to challenge the order dated
18.05.2021 of the respondent, if so advised, in accordance with law.
We make it clear that we have not expressed any opinion on the
validity of the Office Order dated 18.05.2021.
8. There shall be no order as to costs.
9. The order be uploaded on the website forthwith. Copy of the
order be also forwarded to the learned counsel through e-mail.
NAVIN CHAWLA, J.
MANMOHAN, J.
JUNE 2, 2021/rv/U
Signature Not Verified
Digitally Signed
By:SHALOO BATRA
W.P.(C) 5744/2021
