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2005 Supreme(Del) 700

VIKRAMAJIT SEN
D. K. JAIN – Appellant
Versus
DELHI JAL BOARD – Respondent


Advocates Appeared:
Raj Birbal, Rani Chhabra, RUCHIR GUPTA, Shobhana Takiar

Vikramajit Sen, J.

( 1 ) AT the fulcrum of the present dispute is a seniority wrangle between graduate and diploma-holder engineers in the Delhi Jal board. The Petitioners maintain that they are senior to those graduate officers who, in terms of the Order dated 19. 9. 1988, have been allowed to hold the post of Assistant Engineer (Civil) on current duty charge basis with immediate effect. Their appointment on current duty charge basis as Assistant Engineers (Civil) is stated not confer any title or claim to the post being purely a stop-gap arrangement. These petitions also bring to the surface two important and intriguing facets of service law which have become extremely critical and the fountainhead of bludgeoning litigation.

( 2 ) FIRSTLY failure to constitute a Departmental Promotion Committee (DPC) and complete the promotion process is no longer the exception and has become the rule. The effect of not dealing with promotions, the incidence and occurrence of which are known years in advance, inexorably leads to litigation. Such disputes undermine proper administrative functioning as it causes heartburn and rivalry between members in the cadre/post leading to the dissipation of e























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