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2019 Supreme(Del) 1866

S.MURALIDHAR, TALWANT SINGH
Ashwini Khullar – Appellant
Versus
DDA – Respondent


Advocates Appeared:
Saurabh Kirpal, Adv., Pankaj Yadav, Adv., Varsha Yadav, Adv., Priyaranjan Dubey, Adv., Arun Birbal, Adv., Ajay Birbal, Adv., Shanker Raju, Adv., Manish Mohan, Adv., Manisha Saroha, Adv., Anuj Aggarwal, Adv., Kriya Shankar Prasad, Adv., Ekta Rani, Adv., Pramod Kumar Singh, Adv.

JUDGMENT :

S. Muralidhar, J.

The vexed question in these petitions is one of seniority and consequent promotion in the Planning Department of the Delhi Development Authority (DDA) between diploma holders on the one side and degree holders in architecture on the other.

2. While W.P. (C) Nos. 8469/2019 and 8479/2019 are directed against an order dated 17th February, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT) in TA Nos.108/2007 and 9/2008 respectively, W.P.(C) No.13931/2018 is directed against an order dated 2nd November, 2018 passed by the CAT in OA No. 682/2016.

Background

3. In terms of the Recruitment Rules (RRs) of the Delhi Development Authority (DDA), to be eligible for the post of Assistant Director (Architecture) [AD (Arch)], the essential qualification for appointment by way of promotion in the 50% quota is that the candidate should have had at least three years of regular service in the post of Architectural Assistant (AA) and a degree in architecture or its equivalent. The alternative was that the incumbent should have had at least eight years of service as AA.

4. As far as eligibility for appointment by way of promotion in the 50% quota

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