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2009 DIGILAW 1319 (JHR)

Sidheshwar Lal Deo v. Damodar Valley Corporation

2009-10-05

AMARESHSWAR SAHAY

body2009
ORDER : Amareshwar Sahay, J. Heard the parties and with their consent, this writ petition is being disposed of at this stage itself 2. The petitioners had moved his Court earlier in C.W.J.C. No. 2291 of 2000 (R) seeking direction to consider their cases for promotion to the post of Assistant Engineer (Civil) Group - A posts. The said Writ Petition was disposed of by order dated 25.02.2002 as contained in Annexure-7 to the writ petition by directing the petitioners to approach the respondent Damodar Valley Corporation and the respondent Damodar Valley Corporation was directed to consider their representation forwarded by the Superintending Engineer and to take a decision in the matter of promotion of the petitioner in accordance with law. 3. Pursuant to the aforesaid order, representation was filed by the petitioners which has been disposed of by impugned order as contained in Annexure-9, whereby the claim of the petitioners for promotion to the post of Assistant Engineer (Civil) has been rejected. It is this order, the petitioners are challenging in this writ petition mainly on the ground that unless a policy decision is taken by the Damodar Valley Corporation for giving reservation in promotion as per Article 16(4)(A) of the Constitution of India, no reservation in promotion can be given. 4. Mr. Rajendra Krishna, learned Counsel appearing for the petitioners submitted that though in para-14 of the counter affidavit filed by the Damodar Valley Corporation, it has been. stated -that they have adopted the RUIQS for Reservation of the Government of India made in the year 1991, but no such document in support of said statement has been annexed with the counter affidavit. Mr. Rajendra Krishna very fairly submitted that if the Corporation has adopted the Reservation Rules of the Government of India, then reservation in promotion can be given as per Rules. 5. On being asked, Mrs. Sheila Prasad, learned Counsel appearing for the respondents has produced a copy of the letter issued under the signature of Director (Personnel) dated March 14, 1991 of the Damodar Valley Corporation in support of the statement that Damodar Valley Corporation has already accepted the Policy regarding reservation for the Scheduled Castes and Scheduled Tribes employees in promotion in terms of the Government of India O.M. No. 27/2/71 - Estt.(SCI) Dt. 27.11.1972. Let this copy of the aforesaid letter dated 14.03.1991 be kept on record. 6. 27.11.1972. Let this copy of the aforesaid letter dated 14.03.1991 be kept on record. 6. From perusal of the aforesaid letter of Director (Personnel) dated March 14, 1991 of the Damodar Valley Corporation, it appears that the Domodar Valley Corporation has already accepted the Policy of Reservation for the Scheduled Castes and Scheduled Tribes employees in promotion and therefore, no case is made out for any interference by this Court in this writ petition. 7. Accordingly, having found no merits, this writ petition is dismissed.