IMPORTANT POINT
An employee is entitled to promotion from the date of eligibility only if they meet the stipulated criteria; failure to do so negates the claim.

JUDGMENT :

JYOTI SINGH, J.

1. This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking quashing of order dated 24/30.12.2003 passed by Respondent No. 1/University of Delhi (‘University’), whereby the representation of the Petitioner dated 06.06.2003 has been rejected. Writ of mandamus is sought for a direction to the University to grant promotion to the Petitioner to the post of Technical Officer (‘TO’) from the date of eligibility with consequential effect in computation of retiral benefits.

2. Case of the Petitioner as set out in the writ petition is that Petitioner was appointed as Research and Reference Assistant (‘RRA’), a post equivalent to Senior Technical Assistant (‘STA’) on 01.03.1973 in the Department of Geography, University and was allegedly the senior-most STA at the relevant time in the Department. On 14.01.1993, University notified the upgraded post of TO in the Department. A memorandum was issued by the Department on 07.04.1993 calling upon the Petitioner for submitting the self-assessment form on or before 15.04.1993 so that his case could be considered for promotion as TO and no other person was asked to fill up the self-assessment form. Petitioner submitted the requisite self-assessment form on 15.04.1993 and a Screening/Evaluation Committee for considering promotion to the post of TO was scheduled for 16.04.1994, but the same was deferred and Petitioner was not considered.

3. It is averred that on 04.03.1995, University promoted 08 persons in the Departments of Chemistry, Physics and Zoology to the post of STA from the dates of their eligibility. On 07.03.1997, University promoted two juniors of the Petitioner in his Department namely, Krishan Kumar and Bachi Ram to the post of TO with effect from 01.01.1993 i.e. the date of their eligibility. Years later, on 29.01.2003, Petitioner was called upon to attend an interview before the Screening/Evaluation Committee wherein he was recommended and consequently promoted but from 29.01.2003 and not from 14.01.1993, the date on which according to the Petitioner he was eligible.

4. Petitioner superannuated on 31.01.2003 on attaining the age of superannuation. On 06.06.2003, he made a representation for grant of promotion as TO from the date of his eligibility, which was rejected and Petitioner was so informed by communication dated 04.08.2003. Petitioner filed a writ petition being CWP No. 5959/2003 challenging the communication, which was disposed of vide order dated 16.09.2003 directing the University to pass a speaking order. Pursuant to the said order, Petitioner was given personal hearing on 07.11.2003 after which the representation was rejected and his request for ante-dating the promotion to 14.01.1993 was not acceded to.

5. Learned counsel for the Petitioner submits that the impugned order dated 24/30.12.2003 is illegal and arbitrary and overlooks the position of law that an employee is entitled to promotion from the date of eligibility as has been given by the University in all cases. Impugned order is a non-speaking order which does not reflect the reason for rejection of the representation. University has promoted more than 10 persons in different Departments to the post of TO retrospectively from the dates of their eligibility and Petitioner cannot be discriminated against. Post of TO was notified on 14.01.1993 and Petitioner was asked to submit his self-assessment form, which he did and this was because Petitioner was the senior-most of the 03 persons at that point in the Department. Meeting of Screening/Evaluation Committee was scheduled on 16.04.1994 but for some unexplained reason, the same was deferred and was convened after nearly a decade on 29.01.2003, in which the Petitioner was considered.

6. It is urged that Petitioner was appointed to the post of RRA which is equivalent to STA in the Department of Geography and therefore the Petitioner was eligible for promotion from 14.01.1993, however