O.A. 838/2008 M.A.941/2008 and M.A.1741/2008. Case: 1. H. C. Sharma; 2. Rajender Singh Samant; 3. Magan Lal; 4. Surinder Sharma; 5. Ramesh Chand Arora; 6. Ashok Sharma; 7. P. S. Sharma; 8. Tej Pal Singh; 9. S. Siva Ramakrishnan; 10. Umesh Kumar; 11. Bharat Singh Bisht; 12. Nandan Singh; 13. Pramod Kumar Sharma; 14. Pawan Kumar Sharma; 15. S. K. Dikshit; 16. Sunil Kumar Sinha; 17. Rattan Lal; 18. Mani Ram Badgujar; 19. Uday Bhan Vs 1. Lt. Governor, Government of Nct of Delhi, Vice Chairman, New Delhi; 2. Delhi Development Authority, Vice Chairman, New Delhi; 3. Commissioner Personnel., Delhi Development Authority, New Delhi; 4. Ram Singar; 5. B. L. Gupta; 6. Kundan Singh Shah; 7. Bal Kishan; 8. Dinesh Singh; 9. Prem Ballabh Tiwari; 10. Chander Mohan Grover; 11. K. C. Sharma; 12. Ram Nihor Pal; 13. Krishan Lal; 14. Thakur Prasad Pandey; 15. Harjeet Singh; 16. Shashi Negi; 17. Vinay Kumar; 18. Kamal Kishore; 19. Om Praksh Harit. Central Administrative Tribunal
| Case Number | O.A. 838/2008 M.A.941/2008 and M.A.1741/2008 |
| Counsel | A. K. Bhat, Rajinder Khatter, Manjeet Singh Reen |
| Judges | M. Ramachandran (Vice Chairman) & Shailendra Pandey (Accountant Member) |
| Issue | Delhi Development Act, 1957 - Section 57 |
| Judgement Date | April 30, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
M. Ramachandran (Vice Chairman), (Principal Bench, New Delhi)
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This is a joint application submitted by 19 officers working as Upper Division Clerks in the Delhi Development Authority. As per the governing rules, they could have aspired for promotion to the posts of Assistant. A copy of the Recruitment Rules is Annexure A. Part-II Section 3 thereof deals with the finer details concerning the Recruitment Regulation for the posts of Assistant. The method of recruitment is shown as promotion, and the vacancies are to be filled up 50% by promotion and 50% by way of departmental examination. It is also clarified that 50% by way promotion is from Upper Division Clerks having five years of service and 50% by way of departmental examination from UDCs with five years of service. It is possible to note that the Regulation as above forms part of the revised regulations issued by the Delhi Development Authority, in exercise of powers conferred on it by Section 57 of the Delhi Development Act, 1957 read with Rule 4 of the Delhi Development (Miscellaneous) Rules, 1959. The regulations were issued superseding Notification dated 23.09.2005.
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Respondents 1 to 3 represent the second respondent Delhi Development Authority. The first and third respondents, respectively, are (1) Lt. Governor (2) Commissioner of Personnel. At the time when the Original Application had been filed, select list of persons who were to be promoted had come, and 16 persons, who were nominated, have been impleaded as respondents 4 to 19. Learned counsel appearing for the applicant submits that there was no transparency in the matter of selection, and the conferment of benefits on the private respondents is pure arbitrariness and it could not at all be considered a selection on merits as alone might have been contemplated by the rules. As interim measure, Tribunal had passed an order that any appointments made from the select list will be subject to further orders, which are to be passed in the Original Application.
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We had heard Shri A. K. Bhat, counsel for the applicant and Shri Khatter, counsel appearing for the official respondents. Mr. Manjeet Singh Reen entered appearance on behalf of the private respondents. It is revealed that a written test had been held duly on 14.07.2007. There was practical test in the matter of computer affinity and equal opportunity had been given to the participants to acclimatize themselves with the computers. Tests have been held on...
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