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2007 DIGILAW 119 (DEL)

HARDAYAL SINGH MEENA v. M. C. D.

2007-01-17

KAILASH GAMBHIR

body2007
JUDGMENT Kailash Gambhir, J. (Oral)-Counsel for the petitioner states that he does not wish to file rejoinder to the counter affidavit filed by the MCD and is prepared to finally argue the matter. 2. Rule. 3. With the consent of the parties, the matter is set for final hearing. 4. Counsel for the petitioner points out that the entire anomaly has arisen due to non-finalization of seniority list of Junior Engineer (Civil) and the MCD without considering the petitioners for the promotion has prepared a list of other candidates to be placed before the Competent Authority for promotion to the post of Assistant Engineer (Civil) for the Look After Charge. Counsel for the petitioner also points out that subsequent to their working on look after charge, these very persons becomes eligible to be considered for promotion on regular basis to the post of Assistant Engineer (Civil). Counsel for the petitioner placed reliance upon order dated 30.11.2006 in this context. On the other hand, Counsel appearing for the respondent states that for regular appointment for the post of Assistant Engineer, no Scheduled Tribe candidate who was in the seniority list has been deprived and they were duly considered along with others for promotion to the post of Assistant Engineer (Civil). In Para 2(iv) of the counter affidavit, it has been stated by the respondent that ST candidates could not be considered due to the fact that the seniority list of Junior Engineer (Civil) issued from Engineering (HQ) vide circular dated 14.11.2003 was not finalized and the same is still under process. Counsel for the petitioner has further placed reliance on Para 2(vi) of the counter wherein the respondent has stated that after finalization of the provisional seniority list, the petitioner can be considered for promotion/assignment of the charge of Assistant Engineer (Civil). Paras 2(iv) and 2(vi) of counter affidavit are reproduced as under: "2(iv) That the contents of this para are wrong and denied. It is submitted that vide this departments letter dated 1.12.2006, requisite reports were requisitioned in respect of 51 Jr. Engr.(Civil) from the department concerned for assigning look after charge to the post of Asstt. Engineer (Civil). Since as per the final seniority list dated 3.6.2002 of the feeder cadre i.e. JE (Civil) none of the ST candidate was available/left out, as such the same could not be considered. Engr.(Civil) from the department concerned for assigning look after charge to the post of Asstt. Engineer (Civil). Since as per the final seniority list dated 3.6.2002 of the feeder cadre i.e. JE (Civil) none of the ST candidate was available/left out, as such the same could not be considered. Further scheduled tribe candidates could not be considered due to the fact that a seniority list of Junior Engineers (Civil) issued from Engg. (HQ) vide circular dated 14.11.2003, was not finalized and Engineering Department (HQ) being cadre controlling Authority had intimated as under: * The Provisional Seniority List of Jr. Engineer (C) issued on 14.11.2003 has not since been finalized and is under process. The final seniority list of Jr. Engineer (Civil) bearing No. HC-II/ Engg./Estt./95/1507 dated 5.5.1995 for the period 1987 to 1989 and the other seniority list bearing No. HC-II/Engg./Estt./2002/437 dated 3.6.2002 for the period 1.1.90 to 30.9.99 is under revision due to the names of some Jr. Engineer on ad hoc basis have been regularized since 1989 and onwards by the orders of Honble High Court of Delhi. These names are to be inserted in the final lists already circulated as mentioned above. This case is under process. Therefore, no legitimate claim of ST candidate was neglected/ignored. 2(vi) That the contents of this para are wrong and denied, because of the fact that the petitioner was placed at SI. No.1015 in the provisional seniority list dated 14.11.2003 of JE (Civil), in the ST category, issued by the Engineering (HQ) and not the final seniority list. Further, in accordance with revised provisional final seniority list, issued vide Circular No. HC-II/Engg./HQ/2006/3967 dated 28.12.06 of the Engineering (HQ), the petitioner has got no placement in the said revised provisional seniority list. After revision/finalization of the provisional seniority list, the petitioner can be considered for promotion/assignment of the charge of the Asstt. Engr. (Civil)." 5. In the foregoing, there is no dispute that non-finalization of the seniority list of Junior Engineer (Civil) is a root cause for this malady. Since the respondent itself has stated that the provisional seniority list is under process and after the same is finalized, they will consider the case of the petitioner for promotion/assignment to the charge of Assistant Engineer (Civil). 6. Since the respondent itself has stated that the provisional seniority list is under process and after the same is finalized, they will consider the case of the petitioner for promotion/assignment to the charge of Assistant Engineer (Civil). 6. As a result of the aforesaid categorical stand of the respondent, the present petition of Junior Engineer (Civil) is allowed to that extent and the respondent is directed to finalize the provisional seniority list within two months. After finalizing the seniority list the name of the petitioner be considered for promotion/assignment to the charge of the Assistant Engineer (Civil) in terms of his seniority and in accordance with law. 7. With these directions, the writ petition is disposed of. 8. Rule is made absolute. Writ Petition disposed of.