W.P.(C)--4877/2018. Case: CHANDAN SINGH Vs. THE MANAGER L N GIRDHARI K U SENIOR SECONDARY SCHOOL AND ORS.. High Court of Delhi (India)
| Case Number | W.P.(C)--4877/2018 |
| Citation | NA |
| Judgement Date | May 21, 2019 |
| Court | High Court of Delhi (India) |
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 29.04.2019 Pronounced on: 21.05.2019
+ W.P.(C) 4877/2018 & CM APPLN. 18817/2018 & 28890/2018 CHANDAN SINGH ..... Petitioner
Through Mr.S. Sunil, Adv.
versus
THE MANAGER L N GIRDHARI K U SENIOR SECONDARY SCHOOL AND ORS. ..... Respondents
Through Mr. Shikhar Sarin with Mr. Sunil
Singh Parihar, Advs. for R-1
Ms. Vibha Mahajan with Ms. Shweta Bhardwaj, Advs. for R-2
Mr. Abinash K. Mishra, Adv. for R-3 & 4
Mr. R. K. Sharma, OSD (Litigation) Zone -08
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T
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Vide the present petition, the petitioner seeks direction quashing and setting aside the decision taken by the DPC on 15.03.2018 and to issue appropriate direction for promoting the petitioner as Lab from the date, the vacancy arose with all consequential benefits.
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The case of the petitioner is that he was appointed as a Peon
school of respondent no. 1 on 22.03.1996. His qualification at the appointment was Class XIIth pass. On 01.01.2000, the post of Lab Assistant fell vacant after the retirement of Shri Rampal Singh, the then Lab Assistant. Recruitment to the post of Lab Assistant is governed by Recruitment issued vide Notification dated 21.03.1990. As per said rules, the
Assistant is a non-selection post. The method of recruitment is failing which, by direct recruitment. As per the Recruitment promotion to the post of Lab Assistant can be made from Group D employee who has rendered three years service in the said grade after appointment regular basis who is a matriculate or equivalent / Higher Secondary Science or without Science (provided has done three months course in science conducted by Directorate of Education). As per Recruitment Rules, the petitioner became eligible for promotion to the of Lab Assistant on 22.03.1999. However, on the said date, there vacant post available with the respondent. The post of Lab Assistant vacant on 01.01.2000 upon retirement of Shri Rampal Singh-Lab Immediately, on the retirement of Shri Rampal Singh, respondent have constituted the DPC and filled up the post of Lab Assistant subject ascertainment and eligibility as per Recruitment Rules. However, no
was convened either immediately or at a later point of time. On the post of Lab Assistant was abolished in the post fixation for the 2000-01. Almost for a period of 14 months, the post of Lab remained vacant. As the work of Lab Assistant was required the post once again created on 13.07.2004 in the post fixation of 2003-04.
date when the post was recreated, the petitioner was the only eligible most person for the post of Lab Assistant. However, DPC was convened for the first time after four years from the date of recreation of the post.
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Further case of the petitioner is that by the lapse of time nos.3 & 4 who were senior to the petitioner acquired qualification of Xth on 15.01.2005 and 15.06.2005 respectively. It may, therefore, be that three years of regular service after acquiring the essential has been attained by respondent no.3 on 15.01.2008 and by respondent no.4 on 15.06.2008.
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No DPC was convened since 01.01.2000, therefore, the addressed a representation to the respondent on 02.11.2006 stating that come to his notice that the post of Lab Assistant is lying vacant and since he has requisite qualifications, he may be promoted to the post of Assistant. Finally on 15.07.2008, the DPC met for consideration
promotion for the post of Lab Assistant. After considering the representation made by the petitioner, the DPC unanimously decided to postpone proceedings till all facts about the vacancy/post fixation for the period 1999-2008 are gathered and the matter of eligibility of all candidates under the zone of consideration is reassessed . It was also decided that of the school will seek clarification from the Act Branch of respondent no. 2 on the claim raised by the petitioner. A copy of the minutes of the annexed as Annexure P-4.
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The further case of the petitioner is that on 26.08.2008,
no.1 wrote to the Additional Director of Education (Act), of Act giving the details of the representation given by the petitioner. However, the meeting of DPC for promotion to the post of Lab Assistant was
15.07.2008 where a representation given by the petitioner was In the light of above facts, clarification was sought by the respondent as to whether respondent nos.3 and 4 have a right of promotion to the post of Lab Assistant. As per the...
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