Promotion criteria are governed by existing rules at the time of consideration, and earlier rules do not apply to vacancies created under a new promotion policy.

JUDGMENT

V. Kameswar Rao, J. (ORAL)--The present petition has been filed by the petitioners with the following prayers:-

In view of the aforementioned facts and circumstances, this Hon'ble Court may be pleased to:

a. Issue a writ, order and/or direction in the nature of mandamus directing the Respondent to fill up the 22 posts created on 22.10.2020 in the S&T Department, as per the extant rules at the time of creation of such posts; AND

b. Issue a writ, order and/or direction in the nature of mandamus directing the Respondent to call the Petitioners for interview against the 22 posts, in accordance with the old Promotion Policy, as applicable on 22.10.2020; AND

c. Issue, a writ, order and/or direction in the nature of mandamus to quash the Office Order No. HQ/HR/Misc/S&T/Vol.-I dated 30.12.2020;

AND/OR

d. Issue a writ, order and/or direction in the nature of mandamus to quash the Vacancy Notice No. 02/2021 dated 04.01.2021;

AND/OR

e. Issue a writ, order and/or direction in the nature of mandamus directing the Respondent to place on record all the relevant documents by way of which additional posts were created by surrendering of existing posts and Circular No. 640/2020 dated 22.10.2020 was issued;

AND/OR

f. Pass any other order(s) and/or direction(s), that this Hon`ble Court may deem fit in the facts and circumstances of the present case."

2. It is the case of the petitioners that they were appointed with the respondent's organization at E0 level on March 27, 2012 in the pay scale of Rs.12600 - 32500. They were promoted to E1 level (Senior Executive) on June 02, 2017. On May 16, 2019, vide Circular No. 07/2019, the promotion policy for E0 and above grade employees was amended whereby it was stated that no written test for promotion from Grade E1 to E2 would be taken and the same would be on the basis of interview of eligible employees.

3. It is their case and so contended by Mr. Saurabh Agrawal that the petitioners being in Engineering department which consist of Electrical and S&T department in which the petitioners are working, all eligible employees of electrical department were promoted to the E2 grade, i.e., Junior Manager on May 14, 2020 whereas the petitioners were denied the same benefit despite the petitioners being eligible.

4. On October 13, 2020, the Board of Directors created 22 posts (14 in E2 grade and 08 in E3 grade) with matching surrender from E0 grade to ease out the promotional prospects of employees in S&T Department, as a one-time measure and accordingly a circular No.648/2020 dated October 22, 2020 was issued. He contended that the respondents had also issued Circular no. 640/2020 dated October 16, 2020, revising recruitment and promotion policy whereby as per Clause 8.7.1(b)(i) of the said circular, a new criteria of competitive examination (Computer Based Test) has been added for promotion to E2 grade and has been made applicable to all those employees in the lower cluster, who have 03 years' service experience, whereas the petitioners herein had to wait for 8 years for the opportunity of promotion.

5. Mr. Agrawal submits that the petitioners being eligible for promotion to the post of E2 level with effect from January 01, 2020, as per promotional rules as existing earlier, the vacancies which occurred prior to amendment of service/promotional rules would be governed by the old rules and not by the amended rules as per circular dated October 16, 2020. In other words, Circular dated October 16, 2020 will not be applicable to the filling up of 22 post n