Himachal Pradesh High Court
Branch Municipal Corporation vs Yashwant 12 Yet To Be Promoted on 28 December, 2021
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO.4115
OF 2020
Between:-
YASHWANT SINGH
AGED ABOUT 54 YEARS
S/O LATE SH. JIA LAL,
R/O VILLAGE & POST OFFICE JUBBER
HATTI, TEHSIL & DISTRICT SHIMLA,
PRESENTLY
WORKING AS SENIOR
ASSISTANT IN ARCHITECT PLANNER
BRANCH MUNICIPAL CORPORATION
SHIMLA, H.P.
....PETITIONER
(BY SH. SANJEEV BHUSHAN, SENIOR
ADVOCATE, ALONGWITH SH.RAJESH KUMAR
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH SECRETARY URBAN
DEVELOPMENT SECRETARIAT
SHIMLA-2
2. MUNICIPAL CORPORATION, SHIMLA
THROUGH ITS COMMISSIONER
(BY MS.REETA THAKUR, ADVOCATE)
3. DIRECTOR URBAN DEVELOPMENT,
HIMACHAL PRADESH, SHIMLA-2
....RESPONDENTS
(BY SH.RAJU RAM RAHI, DEPUTY
ADVOCATE GENERAL, FOR
RESPONDENTS NO.1 & 3)
Whether approved for reporting? Yes
::: Downloaded on - 31/01/2022 23:30:21 :::CIS
2
This petition coming on for hearing this day, the
Court passed the following:
JUDGMENT
.
Petitioner has approached this Court, seeking
direction to consider his case for promotion to the post of
Superintendent Grade-II after completion of six years service as
a Senior Assistant on 03.09.2017, alongwith all consequential
benefits, including seniority, continuity, annual increments,
earned leave and all other consequential benefits including
arrears accruing thereon on this account.
2. Undisputed facts in present case are that petitioner
is serving as a Senior Assistant in the Municipal Corporation,
Shimla (hereinafter referred to as "the Corporation'). Next
promotional avenue available to him is the post of
Superintendent Grade-II. There are six posts of Superintendent
Grade-II in the Corporation. Appointment/promotion to the post
of Superintendent Grade-II is governed by 13 Point Roster.
Before 2015, exercise of power by the Corporation was under
cloud, but after 2015, the Corporation has been declared
appointing authority for the posts, in reference, in present
petition. Therefore, Corporation has started to maintain Roster
(13 Point) for the post of Superintendent Grade-II w.e.f.
29.05.2015. Roster being maintained by the Corporation,
supplied to the petitioner under Right to Information Act, 2005,
has been placed on record as Annexure A-7 with rejoinder and
the same is not disputed by the respondents. It is also admitted
fact that on 29.05.2015 all six posts were occupied by
incumbents posted against those posts. As per 13 Point Roster,
first six posts are to be allotted to and filled by Un-Reserved
.
category and thereafter first vacancy shall be against 7th point in
Roster and the said vacancy shall go to Scheduled Caste
category and, thereafter, again vacancies from 8 to 13 are to be
provided for Un-Reserved category, i.e. open for all, i.e. General,
Scheduled Caste and Scheduled Tribe. On 29.05.2015, all six
posts were occupied and out of them first and sixth posts were
occupied by Scheduled Caste candidates on the basis of their
seniority and remaining four posts were occupied by General
category candidates. But all candidates had consumed first six
Roster points available for Un-Reserved.
3. In Annexure A-7 plotting of appointment to the post
of Superintendent Grade-II as per 13 Point Roster is as under:-
Table-A
Superintendent Grade-II = 6 Posts
Date of Roster Category Date of Names of Further
vacancy Point of Roster promotion promottees promotion/retire
Point ment
29.05.2015 1 UR 29.05.2015 Sh.Bhagi 31.08.2015
Ram (SC) retired
29.05.2015 2 UR 29.05.2015 Sh.Jai 31.03.2017
Prakash retired
Sharma
29.05.2015 3 UR 29.05.2015 Sh.Harpal 31.03.2017
Singh retired
29.05.2015 4 UR 29.05.2015 Sh.Diwan 31.01.2016
Chand retired
29.05.2015 5 UR 29.05.2015 Smt.Anita 31.08.2016
Sharma retired
29.05.2015 6 UR 29.05.2015 Smt.Ram 09.09.2019
Kali (SC) promoted as
Supdt.Grade-I
7 SC
31.08.2015 8 UR 18.06.2016 Raksha Devi Retired on
(SC) 30.06.2019
31.01.2016 9 UR 18.06.2016 Durga Dass Promoted as
Superintendent
Grade-I on
09.09.2019
31.08.2016 10 UR 22.09.2017 Godawari Retired on
Sharma 31.01.2020
.
31.03.2017 11 UR 22.09.2017 Suresh Promoted as
K.Sharma Supdt.Grade-I
on 23.10.2020
31.03.2017
4. Person appointed against first post, namely Bhagi
Ram belonging to Scheduled Caste category, but posted against
Un-Reserved vacancy on the basis of his seniority, retired on
31.08.2015 and person posted against Roster Point 4 namely
Diwan Chand retired on 31.01.2016 and, resultantly, two
vacancies were available to be filled in against Roster Points 7
and 8. Roster Point 7 was reserved for Scheduled Caste, whereas
Roster Point 8 onwards up to Roster Point 13 were available as
Un-Reserved Roster Points. Raksha Devi belonging to Scheduled
Caste category was seniormost amongst the candidates falling in
zone of consideration for promotion to the post of
Superintendent Grade-II and next to her as per seniority Durga
Dass Thakur belonging to Un-Reserved category was also eligible
to be considered to the post of Superintendent Grade-II next to
Raksha Devi.
5. The Corporation, instead of considering and posting
Raksha Devi, a Scheduled Caste candidate against Roster Point
7, posted her against Roster Point 8 meant for Un-Reserved
category and Durga Dass Thakur (General category) was posted
against Roster Point 9.
6. Three vacancies were again available in September,
2017, for retirement of Anita Sharma on 31.08.2016, and
retirements of Jai Prakash Sharma and Harpal Singh on
.
31.03.2017. However, Corporation filled in only two vacancies
against Un-Reserved Roster Points No.10 and 11. Petitioner,
belonging to General category, was next candidate available, but
he was not promoted on the ground that vacancy available was
to be filled against Roster Point 7 allotted for Scheduled Caste.
7. In reply, filed by the Corporation, it has also been
admitted that petitioner had completed six years service as a
Senior Assistant on 03.09.2017 and was eligible for promotion to
the post of Superintendent Grade-II alongwith Godawari and
Suresh Kumar Sharma, and after these two persons, he is
seniormost in the feeder category. However, it has been
explained that one post of Superintendent Grade-II, which was
kept vacant, is to be filled up from Scheduled Caste category as
per Reservation Roster maintained by the Corporation and the
case of the petitioner was to be considered for promotion against
next vacancy available for General category. It has also been
submitted in the reply, which is undisputed, that Corporation has
adopted Recruitment & Promotion Rules (in short 'R & P Rules')
notified by Urban Development Department vide Notification
dated 20.08.1997 and promotion to the post of Superintendent
Grade-II, from amongst Senior Assistants, is to be made as per
seniority.
8. During hearing, learned counsel for the Corporation,
under instructions of the concerned official attending the Court,
has submitted that as per instructions issued by the State
.
Government dated 20.08.1998 reiterated and clarified vide
communication dated 18.11.2004, SC/ST/OBCs appointed on
their own merit, but not due to reservation, are not to be counted
towards reservation quota and, therefore, Raksha Devi, who was
senior most amongst the Senior Assistants was treated to be
appointed on her own merit, but not on the basis of reservation
and, therefore, Raksha Devi was considered to have been
appointed against Roster Point 8 available for Un-Reserved
category, and as on that date, no Scheduled Caste candidate
was available next to her, falling in the zone of consideration,
therefore, post against Roster Point 7 available for Scheduled
Caste has been kept vacant.
9. At this juncture, it is also noticeable that on
22.09.2017, alongwith petitioner Hira Nand, a Scheduled Caste
candidate next to petitioner in seniority, subject to eligibility was
also available to be considered against Roster Point No.7 allotted
to Scheduled Caste category. But neither petitioner nor Hira
Nand was promoted. In case Hira Nand was not eligible then
Scheduled Caste candidate Hem Chand, subject to eligibility, was
also available to be considered for accelerated promotion against
the vacancy available to be filled against Roster Point No.7. But
Corporation did not opt to do so.
10. Under instructions, learned counsel for the
Corporation has submitted that on 22.09.2017 third post could
not be filled for interim stay ordered by erstwhile H.P. State
.
Administrative Tribunal vide order passed in M.A. No.1290 of
2018 in O.A. No.1961 of 2016, now pending adjudication in this
Court as CWPOA No.7628 of 2019. Perusal of record reveals that
post was kept vacant in September, 2017 whereas interim stay
was granted by the Court in July/August 2018. Therefore, this
plea is contrary to the record which is also evident from the fact
that in September, 2017, two other posts were filled by the
Corporation. As a matter of fact subsequent vacancies available
in 2019 and 2020 have not been filled due to interim stay.
11. In Para-6 of Instructions dated 20.08.1998
(hereinafter referred to as 'the instructions'), which is relevant in
present case reads as under:-
"6. At this Stage of initial operation of a roster, it
will be necessary to adjust the existing
appointments in the roster. This will also help in
identifying the excesses/shortages, if any in the
respective categories in the cadre. This may be
done starting from the earliest appointment and
making an appropriate remark "utilised by
SC/ST/OBC/Gen. etc.", as the case may be against
each point in the rosters as explained in the
explanatory notes appended to the model rosters.
In making these adjustments, appointments of
candidates belonging to SCs/STs/OBCs which were
made on merit (and not due to reservation) are not
to be counted towards reservation so far as direct
recruitment is concerned. In other words, they are
to be treated as general category appointments."
12. Clauses 1 and 2 of Initial Operation contained in
Annexure A appended with aforesaid Instructions, after
explanatory note are also relevant in present case, which read as
.
under:-
"1. As the point of initial operation of the roster,
it will be necessary to determine the actual
representation of the incumbents belonging to
different categories in a cadre vis-a-vis the points
earmarked for each category viz. SC/ST/OBC and
General in the roster. This may be done by plotting
the appointments made against each point of
roster starting with earliest appointee. Thus, if the
r earlier appointee in the cadre happens to be a
candidate belonging to the Scheduled Castes,
against Point NO.1 of the roster, the ramark
"utilized by SC" shall be entered. If the next
appointee is a general category candidate, the
remark "utilized by general category" shall be
made against point No.2 and so on and so forth till
all appointments are adjusted in the respective
rosters. In making these adjustments, SC/ST/OBC
candidates on merit, in direct recruitment, shall be
treated as general category candidates.
2. After completing the adjustment as indicated
above, a tally should be made to determine the
actual percentages of representation of appointees
belonging to the different categories in the cadre.
If there is an excess representation of any of the
reserved categories, or if the total representation of
the reserved categories exceeds 50%, it shall be
adjusted in the future recruitment. Vacancies
arising from retirement etc. of candidates
belonging to such categories shall be filled by
appointment of candidates belonging to the
categories to which the relevant roster points,
against which the excesses occur, belong."
13. Para-6 of the Instructions provides that in making
adjustments, against Roster point, appointments of the
.
candidates belonging to SCs/STs/OBCs, which were made on
merit, and not due to reservation, are not to be counted towards
reservation so far as "direct recruitment" is concerned. Earlier
this principle was not applicable to the promotional Roster.
However vide communication No.PER(AP)-C-F(II)-3/98 dated
circulated, clarifies as under:-
r to
18.11.2004 issued by Department of Personnel AP-III, as
"... ... ...that the Scheduled Caste/Scheduled Tribe
candidates appointed by promotion on their own
merit and not owing to reservation or relaxation of
qualifications will not be adjusted against the
reserved points of the reservation roster. They will
be adjusted against un-reserved points. Further, it
has also been clarified that the Scheduled Caste/
Scheduled Tribe candidates appointed on their own
merit (by direct recruitment or promotion) and
adjusted against un-reserved points will retain their
status of Scheduled Caste/Scheduled Tribe and will
be eligible to get benefit of reservation in
future/further promotions, if any."
14. Instructions also contain guidelines for initial
operation of the Roster for determination of actual
representation of the incumbents belonging to different
categories in a cadre vis-a-vis the points earmarked for each
category i.e. SC/ST/OBC and General in the Roster.
Appointments made against each point of Roster may be plotted
starting with earliest appointee and if the earlier appointee in the
cadre happens to be a candidate belonging to Scheduled Caste
.
against Point No.1 of the Roster the remark "utilized by SC" shall
be entered and if the next appointee is a General category
candidate the remark "utilized by General category" shall be
made against Point No.2 and so on and so forth till all
appointments are adjusted in the respective Rosters. In making
these adjustments, SC/ST/OBC candidates appointed/promoted
on merit, shall be treated as General category candidates.
15. After completing the adjustment as indicated above,
percentage of representation of appointees belonging to
different categories in the cadre should be determined and in
case there is excess representation of any of reserved category
or if total representation of reserved category exceeds 50%, it
shall be adjusted in future recruitment.
16. It is also settled that in 13 Point Roster, Principle of
Replacement/Replacement Theory is not applicable rather Roster
is to be continued rotating it forever on the basis of vacancies.
17. On the basis of pronouncements of the Supreme
Court in R.K. Sabharwal and others vs. State of Punjab and others,
(1995) 2 SCC 745; Post Graduate Institute of Medical Education &
Rsearch, Chandigarh vs. Faculty Association and others with many
other connected matters, (1998) 4 SCC 1; and judgment of
Division Bench of this High Court in Dharam Pal vs. State of H.P.
and another, 2009 (1) Shim.L.C. 140, and also taking into
consideration instructions/guidelines issued by the Government
vide communication dated 20.08.1998 and 18.11.2004 following
principles for adjudication of present case have emerged:-
.
A. There is difference between the "post" and the
"vacancy":
(i) "Post" denotes the number of posts in the
cadre, whether filled or vacant. "Cadre
Strength" is equal to the created/existing
posts in the cadre.
(ii) "Vacancy" means a vacant post available for
appointment, through recruitment/promotion,
on creation of new post(s) or retirement,
death or resignation or for any other reason
removal of the incumbent working on the
post.
B. There is difference between "Roster Point" and
"position" in the seniority list:
(i) "Roster" denotes division/allotment of posts
in the cadre to different categories on the
basis of quota of reservation notified for each
category. In the Roster Register, "Roster
Point" reflects availability of post or vacancy
for a particular category in the cadre.
(ii) "Seniority list" denotes the position of the
incumbent in the cadre assigning his seniority
inter se the incumbents posted/appointed in
the cadre. Seniority list is not to be prepared
on the basis of Roster Point, but on the basis
of appointment/entry in the cadre subject to
other guidelines/instructions related to
'accelerated promotion' and 'principle of
catch up'.
C. Accelerated promotion
When a person belonging to reserved
category, for allotment/availability of post in higher
cadre against the Roster Point allotted to such
reserved category, is promoted prior to his seniors,
in feeder cadre, of Un-Reserved or other category,
by giving preferential treatment, then it is
accelerated promotion.
D. Principle of Catch up
.
When a person of reserved category for
vacancy at a Roster Point reserved to his category
gets accelerated promotion prior to his seniors, in
feeder cadre, of Un-Reserved/other category and
lateron his senior also gets promotion but before
further promotion of person promoted by
accelerated promotion, then senior, in feeder
cadre, shall rank senior to him in promoted cadre
also, irrespective of date of his promotion vis-a-vis
date of promotion of person promoted by
r accelerated promotion.
E. Replacement Theory/Principle of Replacement
Once all posts are filled as per Roster, then
vacancies subsequent thereto are to be filled on
the basis of replacement i.e. the post vacated by a
person of a particular category i.e. UR/SC/ST/OBC
etc., shall be filled from the same category.
F. There are two types of Rosters, one is 100 Point
Roster and another is 13 Point Roster.
G. For a cadre of 2-13 posts 13 Point Roster shall be
applicable and in such Roster:-
(i) the Roster depicted in the Chart Annexure-D
with instructions dated 20.08.1998 is to be
read from Entry-1 under the Column "Cadre
Strength" till the last post and then
horizontally till the last entry in the horizontal
row i.e. like 'L';
(ii) All the posts of the cadre are to be earmarked
for the categories shown under column "Initial
Recruitment";
(iii) While initial filling up will be by the
earmarked category, the replacement against
any of the post in the cadre shall be by
rotation as shown horizontally. After
exhausting last Roster Point, Roster shall be
rotated again from Point No.1;
(iv) In case of non-availability of candidate of
.
reserved category against the vacancy
available for that category in the Roster Point,
the said Roster Point shall be carried forward
and in case of promotion such post shall be
filled by consuming next Roster Point by
promoting a person of the category to which
next Roster Point is available. As and when
eligible candidate of the category shall be
available, the Roster Point for that category
shall be exhausted by appointing/promoting
r such candidate on availability of vacancy; and
(v) The relevant rotation by the indicated
reserved category could be skipped over if it
leads to more than 50% reservation of
reserved category.
H. Replacement theory is applicable to 100-Point
Roster as percentage of posts available to each
category can easily be calculated and maintained
in 100-Point Roster. Whereas, in 13 Point Roster,
replacement theory is not applicable as for less
number of posts in a cadre, where 13 Point Roster
is applicable, percentage of reservation cannot be
achieved as per entitlement of the particular
category and in case percentage of reserved
category is maintained then, percentage of Un-
Reserved category shall decrease and in case
percentage of Un-Reserved category is maintained,
then percentage of reserved category shall
decrease. Further all reserved categories may not
get adequate chance and, therefore, 13-Point
Roster has been evolved by the Government to
ensure representation of all categories by rotation.
Therefore, in 13-Point Roster, instead of
replacement theory, the vacancy is to be filled-in
on the basis of Roster Point available in 13-Point
Roster by applying it in 'L' shape application of
Roster as mentioned supra.
.
I. In case of single cadre post reservation is not
permissible.
18. Reservation has been provided in the Government
jobs for socially and economically backward classes under
Articles 15 and 16 of the Constitution of India for social justice
and equality amongst all sections of the society. However, as
provided under Article 335 of the Constitution maintenance of
efficiency of administration is also to be taken into consideration
at the time of dealing with claim of the members of Scheduled
Caste and Scheduled Tribe. Therefore, whenever, in case of
promotion especially in small cadre/establishments, against
Roster Point available for reserved category, eligible person of
that category is not available, then the vacancy available for
filling up such Roster Point is not to be kept vacant, but is to be
filled by utilizing next Roster Point. However, for ensuring
compliance of reservation, for social justice, the Roster Point
meant for reserved category is to be carried forward for
utilization as and when candidate of that category is available,
but subject to availability of vacancy/post, because on keeping
the post vacant, particularly in small cadres/establishments,
efficiency of administration would definitely be hampered and
suffered. Therefore, a post cannot be kept vacant for indefinite
period or long period in anticipation of availability of a candidate
of a particular category, who is not eligible/available on the date
of vacancy or date of filling the said vacancy. Promotion is
incident of service, which may occur or may not happen in a
.
service career of a person. It is a settled law that right to
consider for promotion against available post, is a fundamental
right but promotion is not a fundamental right.
19. Petitioner has placed on record final seniority list of
Senior Assistants as existing on 25.05.2017, wherein petitioner is
at Sl. No.3 and Hira Nand (SC) is at Sl.No.4, as depicted in Table-
B as under:- r Table-B
Sr.No. Name of Employee
1. Smt.Godavari Sharma
2. Sh.Suresh Sharma
3. Sh.Yashwant Singh
4. Sh.Hira Nand (SC)
5. Sh.Lal Chand
6. Smt.Shashi Thakur
7. Sh.Amar Chand
8. Sh.Hem Chand (SC)
20. At the time of filing the petition, though petitioner
Yashwant Singh was at Sl.No.1, but Roster Point-7 allotted to
Scheduled Caste was vacant and, therefore, first post out of the
three posts, available in September, 2017 for promotion, was to
be given to Scheduled Caste candidate Hira Nand, who,
according to Corporation, was eligible on that date as, according
to the information supplied by the Corporation, aforesaid
persons, referred in the seniority list in Table-B, were eligible for
.
promotion to the post of Superintendent Grade-II on 03.09.2017.
At the time of promotion in September, 2017 though Hira Nand
was to be considered prior to his seniors for availability of Roster
to the Scheduled Caste, being carried forward since 2016,
however, in seniority he was to be placed below Godavari
Sharma and Suresh Kumar Sharma. Thereafter, against next
post becoming available in July, 2019 petitioner Yashwant Singh
was to be considered and on his promotion, he was to be
assigned seniority above Hira Nand being senior to him in the
feeder cadre for the reason that Hira Nand would not have been
promoted to the next cadre of Superintendent Grade-I prior to
July, 2019 as persons, seniors to him in cadre of Superintendent
Grade-II, were already there available for consideration of
promotion to the post of Superintendent Grade-I and moreover
the post of Superintendent Grade-I was not available and on
promotion of Yashwant Singh against Roster Point-12 before
further promotion of Hira Nand to the next cadre, being senior in
feeder cadre Yashwant Singh ought to have been placed above
Hira Nand in seniority.
21. Other two posts of Superintendent Grade-II became
available in September, 2019. These posts would have been
filled in after September, 2019 say in October, 2019. At that
time, promotion was to be made against Roster Points No.13 and
14. Roster Point-13 is meant for Un-Reserved, whereas Roster
Point-14 is for Scheduled Tribe. No Scheduled Tribe candidate
was available, therefore, Roster Point 14 should have been kept
.
unutilized and vacancy should have been filled utilizing next
Roster Point No.1 rotating the 13 Point Roster again and vacancy
should have been filled as unreserved for exhausting the all
Roster Points in one round. As such, Lal Chand and Shashi
Thakur would have been promoted in October, 2019. Next two
vacancies became available in January, 2020 and October, 2020.
These posts were to be filled in as per Roster Points-2 and 3 as
allotted for Un-Reserved categories and accordingly in February,
2020 and November, 2020 respectively, Amar Chand would have
promoted against Roster Point 2 and Hem Chand, though
Scheduled Caste candidate but being seniormost, would have
been promoted on merit against Roster Point No.3 available for
Un-reserved category subject to eligibility. Roster Point 14
meant for Scheduled Tribe should have been carried forward.
Subsequent vacancies are to be filled accordingly and for non-
availability of a person belonging the category for which Roster
Point is available, the vacancy is to be filled by utilizing next
Roster Point.
22. Aforesaid discussion would be more clear from the
following hypothetical Tables:-
Table-1
Superintendent Grade-I = 2 Posts
st
1 Post
Date of Retirement/Further
appointment/Further promotion
promotion
Smt.Ram Kali 09.09.2019 27.08.2020 as Secretary
M.C. Shimla
Suresh K.Sharma 23.10.2020 31.08.2021
Vacant 31.08.2021 ----
2nd Post
.
Date of Retirement/Further
appointment/Further promotion
promotion
Durga Dass 09.09.2019 Till date
Filled
Table-2
Roster Register for the post of Superintendent Grade-II= 6 Posts
Date of Roster Catego Vacancy Date of Names of Further
vacancy Point ry of promotion promottees promotion/retire
Roster ment
31.08.2015 1 SC 1 29.05.2015 Sh.Bhagi 31.08.2015
Ram
31.03.2017 2 UR 1 29.05.2015 Sh.Jai 31.03.2017
r Prakash
Sharma
31.03.2017 3 UR 1 29.05.2015 Sh.Harpal 31.03.2017
Singh
31.01.2016 4 UR 1 29.05.2015 Sh.Diwan 31.01.2016
Chand
31.08.2016 5 UR 1 29.05.2015 Smt.Anita 31.08.2016
Sharma
30.09.2017 6 UR 1 09.09.2019 Smt.Ram 30.09.2017
Kali
7 SC Carried forward for non-availability of SC candidate. To
be utilized by promotion of Hira Nand w.e.f. 22.09.2017.
31.08.2015 8 UR 1 18.06.2016 Raksha Devi Retired on
Note:- 30.06.2019
Roster
point 7
of ST
carried
forward
31.01.2016 9 UR 1 Durga Dass Promoted as
Note:- Superintendent
Roster Grade-I on
point 7 09.09.2019
of ST
carried
forward
31.08.2016 10 UR 1 22.09.2017 Godawari Retired on
Note:- Sharma 31.01.2020
Roster
point 7
of ST
carried
forward
31.03.2017 7 SC 1 22.09.2017 Hira Nand
(may have
been
promoted
here against
the Roster
Point No.7)
.
31.03.2017 11 UR 1 22.09.2017 Suresh Promoted as
K.Sharma Supdt.Grade-I
on 23.10.2020
30.06.2019 12 UR 1 7/2019 Yashwant
Singh
(may have
been
promoted
against the
Roster Point)
09.09.2019 13 UR 1 10/2019 Lal Chand
(may have
been
promoted
r against the
Roster Point)
14 ST Carried forward for non-availability of ST candidate. To
be utilized later on availability of candidate and post/
vacancy.
09.09.2019 1 UR 1 10/2019 Shashi
Note:- Thakur
Roster
(may have
point 14
been
of ST
promoted
carried
against the
forward
Roster Point
for UR)
31.01.2020 2 UR 1 02/2020 Amar Chand
Note:-
(may have
Roster
been
point 14
promoted
of ST
against the
carried
Roster Point
forward
for UR on
own merit)
23.10.2020 3 UR 1 11/2020 Hem Chand
Note:- (SC)
Roster
(may have
point 14
been
of ST
promoted
carried
against the
forward
Roster Point
for UR)
Table-3A
Superintendent Grade-II
Seniority as on 22.09.2017
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1 Ram Kali 6
.
2 Raksha Devi 8 30.06.2019 retired
3 Durga Dass 9
4 Godawari 10
Sharma
K.Sharma
6. Hira Nand 7
Table-3B
Superintendent Grade-II
Seniority as on 31.07.2019
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1 Ram Kali 6 09.09.2019 promoted
as Supdt. Grade-I
2 Durga Dass 9 09.09.2019 promoted
r Godawari 10
as Supdt. Grade-I
Sharma
4 Suresh 11
K.Sharma
5. Yashwant 12
Singh
6. Hira Nand 7
Table-3C
Superintendent Grade-II
Seniority as on 30.10.2019
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1. Godawari 10 31.01.2020 retired
Sharma
K.Sharma
3. Yashwant 12
Singh
4. Hira Nand 7
5. Lal Chand 13
Thakur
(Note:-
Roster point
14 of ST
carried
forward)
Table-3D
Superintendent Grade-II
Seniority as on 31.03.2020
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1. Suresh 11 23.10.2020 promoted
K.Sharma as Supdt. Grade-I
31.08.2021 retired as
Supdt. Grade-I
2. Yashwant 12
.
Singh
3. Hira Nand 7
4. Lal Chand 13
5. Shashi 1
Thakur
(Note:-
Roster point
14 of ST
carried
forward)
6. Amar Chand 2
(Note:-
Roster point
14 of ST
carried
forward)
r Table-3E
Superintendent Grade-II
Seniority as on 31.12.2020
Seniority Name of Roster Point Date of retirement/
no. employee promotion
1. Yashwant 12 Yet to be promoted
Singh w.e.f. 7/2019
2. Hira Nand 7 Yet to be promoted
w.e.f. 9/2017
3. Lal Chand 13 Yet to be promoted
w.e.f. 10/2019
4. Shashi 1 Yet to be promoted
Thakur w.e.f. 10/2019
(Note:-
Roster point
14 of ST
carried
forward)
5. Amar Chand 2 Yet to be promoted
w.e.f. 2/2020
(Note:-
Roster point
14 of ST
carried
forward)
6. Hem Chand 3 Yet to be promoted
w.e.f. 11/2020
(Note:-
Roster point
14 of ST
carried
forward)
23. In view of aforesaid discussion, respondent No.2-
Corporation is directed to consider the case of petitioner and
others eligible candidates serving in feeder category for the post
.
of Superintendent Grade-II in the light of aforesaid observations
of this Court and to promote Hira Nand from 22.09.2017,
Yashwant Singh from September, 2019, Lal Chand and Shashi
Thakur from October, 2019, Amar Chand from February, 2020
and Hem Chand from November, 2020 to the post of
Superintendent Grade-II, but subject to eiligibility, with all
consequential benefits, including seniority, continuity, annual
increments, earned leave and counting of service towards
pensionary benefits, accruing thereon w.e.f. their promotion
from the aforesaid deemed dates, but on notional basis, till date
of actual promotion. One post of Superintendent Grade-I has
become available on 31.08.2021 which has to be filled by
promotion from feeder cadre of Superintendent Grade-II w.e.f.
September, 2021. Therefore, in case any candidate/person is
entitled for further promotion to the post of Superintendent
Grade-I, his case shall be considered, simultaneously or
immediately after completing exercise of promotion to the post
of Superintendent Grade-II, but not later than 31.01.2022 as
there is already sufficient delay in promotion of the petitioner
despite his entitlement since September, 2019. Corporation is
directed to take all necessary steps for promoting and granting
all consequential benefits to all promotees to the posts of
Superintendent Grade-II and Superintendent Grade-I as directed
supra on or before 31.01.2022.
24. It is made clear that aforesaid illustration from/in
.
Table-1 to Table 3-E is based on presumption on the basis of
information supplied by Corporation that all persons in Table-B
were and are eligible for promotion on due date. In case
someone is not eligible on due date, then Corporation has to act
accordingly but applying principles and observations made
hereinabove.
25. Petition is disposed of in aforesaid terms, so also
pending application(s), if any.
(Vivek Singh Thakur),
Judge.
December 28, 2021
(Purohit)
