OA No. 3551/2010. Case: P.C. Meena Vs The Municipal Corporation of Delhi. Central Administrative Tribunal

Case NumberOA No. 3551/2010
CounselFor Appellant: M.K. Bhardwaj, Adv. and For Respondents: Arun Bhardwaj, Adv.
JudgesV. Ajay Kumar, Member (J) and V.N. Gaur, Member (A)
IssueService Law
Judgement DateJuly 01, 2014
CourtCentral Administrative Tribunal


V.N. Gaur, Member (A), (Principal Bench, New Delhi)

  1. Brief facts of the case are that the applicant, who belongs to ST category, was appointed as Executive Engineer (Civil) in Municipal Corporation of Delhi (MCD) on ad hoc basis on promotion on 03.07.1995. Following the DPC held in the year 1996 he was given regular promotion to the post of Executive Engineer vide order dated 09.01.1997 and his name was at sl. No. 16 in the select list. In the provisional seniority list that was published on 08.10.1999, the name of the applicant was shown at sl. No. 18. This list was finalized vide circular dated 02.06.2000 and in that seniority list the position of the applicant was brought down to sl. No. 44. The respondents had done so by applying the catch up rule laid down in the case of Ajit Singh Januja vs. State of Punjab, AIR 1996 SC 1189. According to the applicant even that the catch up rule was applied wrongly in his case as under that rule seniority of general category candidate at first promotion stage was not to be fixed above reserved category candidate. It was only at the stage of next promotion that the general category candidate could supersede the reserved category candidate. However, following a 85th amendment in the Constitution it became the law that the promotion for reserved category candidates would remain available at all the stages.

  2. On 14.03.2002, MCD issued a circular restoring the seniority of the applicant at sl. No. 18. However, this seniority list could not be finalised until 02.06.2010. In the final seniority list applicant is at sl. No. 20. However, the officers at sl. No. 23, 25, 26, 35, 37, 38 & 44 who were junior to the applicant are presently working as Chief Engineers. These junior persons were promoted as Superintending Engineer on ad hoc basis during the period 2000-2004. The immediate junior of the applicant was promoted as Superintending Engineer with effect from 28.07.2000 and on that date there was no disciplinary action/criminal case pending against the applicant. In the year 2002, an FIR was registered by CBI against certain officers and the name of the applicant was also mentioned in the said charge sheet. The CBI filed a closure report in that case. The disciplinary action initiated against the applicant in respect of the said irregularities was also dropped. In another case wherein the applicant's name was not mentioned in FIR, the investigation report was filed in the year 2003. The name of...

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