Point of Law: Promotion from one cluster to another involves the selection methodology. Earlier, it was the interview plus APAR but as per the new promotional policy a CBT has to be qualified by the candidates.

JUDGMENT :

Talwant Singh, J.

1. By the present Letter Patent Appeal, the appellants have challenged the judgement dated 06.08.2021, passed by the learned Single Judge of this Court, in W.P.(C) 415/2021, titled ‘Sachin Kumar Gupta & Ors. vs. Dedicated Freight Corridors Corporation of India Limited’.

2. The learned Single Judge was pleased to dismiss the writ petition filed by the present appellants by observing as under :

“9. On the aspect of promotion from E1 to E2 is concerned, the same is subject to availability of vacancies. As reflected above, the minimum residency period for promotion from Sr. Executive (E1) to Jr. Manager (E2) is three years subject to availability of vacancies. There is no provision to consider an employee in case of non-availability of vacancy in higher cluster. He seeks the dismissal of the writ petition.

10. Having heard the learned counsel for the parties, the only issue, which arises for consideration is whether the posts, which have been created by the Board of Directors in its meeting dated October 13, 2020, as notified on October 22, 2020 need to be filled under the old policy i.e. by way of only interview and not in terms of circular dated October16, 2020.The said issue is clearly covered by Clause 9 of the circular dated October 16,2020, which has already been reflected above, inasmuch as for grades where CBT will be conducted, policy shall be effective from January 01, 2021.I have already reproduced the manner, in which the promotions have to be made from E1to E2, i.e., by way of competitive examination.

11. The clause regarding mode of filling the vacancies in the grade E2 to E4 from E0/E1 in terms of recruitment and promotion policy is concerned the same reads as under:-

Grade Post / Hierarchy Cluster Mode of Filling Vacancies Educational qualifications for Direct Recruitment/Immediate Absorption for entry in lowest grade of the cluster

E4 Manager D 50% posts in E2 to E4 grade (cluster D) shall be filled by direct recruitment.

50% posts shall be filled by promotion from eligible employees in E0 / E1 grade having three years minimum service through competitive examination. Relevant degree from a recognized Institute with minimum 60% marks

E3 Assistant Manager

E2 Junior Manager

12. The above provision states 50% posts shall be filled by promotion from eligible employees in E0 / E1 grade having three years minimum service through competitive examination. There is no dispute that the appellants being in E1 level, are eligible for promotion to E2 level. Hence, the same has to be through competitive examination (CBT).If that be so, the promotion policy shall be effective from January 01, 2021.Hence, this plea of Mr. Agrawal is rejected.

13. The reliance placed by Mr. Agrawal in the cases of State of Rajasthan v. R. Dayal (supra) and Y.V. Rangaiah And Ors. (supra) is concerned, they have no applicability in the facts of this case inasmuch as the recruitment and promotion policy was notified on October 16, 2020 before the circular of creation of posts was notified on October 22, 2020, though decision with regard to both was taken by the Board on the same day, i.e., October 13, 2020.In other words, the recruitment and promotion policy was in place when the vacancies created, were notified. That apart, there is a conscious decision taken by the competent authority to fill up the vacancies for promotions in terms of the new recruitment and promotion policy with effect from January 01, 2021.”

3. The brief background of the matter is that the appellants are working as Senior Executives (E1 level) in the Signals and Telecom (S & T) Department of the respondent organisation. They had joined as Executive Engineers in response to an advertisement dated 10.02.2012 and their date of appointment is 27.09.2012.

3.1. On 10.02.2016, the respondent introduced new posts at E2 (Rs.20,600-46,500) level and upgradation of posts of E0 to E2 and E3 level on financial neutrality basis. Option was given to the employees at E1 leve