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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
SIJU A. NAIR and ANR. S/O- LT. K.G. APPUKUTTAN NAIR - Appellant
Vs.
THE UNION OF INDIA and ORS - Respondent
WP(C) 7544 of 2013
Decided On : 24-03-2022
Recruitment – Selection – Matriculation – Promotion Petitioner were appointed to post of ‘Pioneer’ - It is an admitted case that while educational qualification of petitioner is a12th pass, petitioner has only passed his matriculation i.e. 10th standard - Fact of case is that service of petitioners were regulated by “General Reserve Engineering Force Group-C and Group-D Recruitment Rules and for promotion to post of LDC from Group-D employees, eligibility was matriculation or possessing equivalent qualification and they have to render 5 years regular service, in Group-D post, on basis of departmental examination, maximum age limit for eligibility for examination shall be 45 years and maximum numbers of recruits by this method would be limited to 10% of vacancies, occurring in a year and unfilled vacancies would not be carried over - Whether age and educational qualification prescribed for direct recruits will apply in case of promotees and it has been mentioned that age in respect of direct recruits shall not apply
Finding of the Court:
Rules of 1982 shows that for promotion from Group-D employees to Lower Division Clerk educational qualification was matriculate or possessing equivalent qualification and have rendered 5 years regular service in the Group D post on the basis of departmental examination - It also stipulates that maximum number of recruits by promotion would be limited to 10% of vacancies occurring in a year and unfilled vacancies would not be carried over - Though the learned counsel for respondent submits that said post had been filled up by incumbent who was immediate junior to learned counsel as per his verbal instruction, this Court deems it proper to direct respondent authorities to take into consideration the case of petitioner for promotion to post of LDC on the basis of list prepared, if and only if the petitioner No.2 was immediate junior (the person who did not opt for the promotion) - With observation, instant petition stands disposed of.
Result: Petition is dismissed
JUDGMENT :
Heard Mr. M.P. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deka, learned Asstt. S.G.I., for and on behalf of all the respondents.
2. This writ petition has been filed challenging the communication dated 28.06.2010, to the extent it stipulates exhaustion of the select list of departmental examination passed candidates on exhaustion of vacancies for the year 2010 and for a direction to the respondent authorities to promote the petitioners to the cadre of Lower Divisional Clerk (LDC), on the basis of qualification in the departmental examination held in the year 2010.
3. The facts of the instant case is that the petitioner No.1 & 2 were appointed to the post of ‘Pioneer’ on 26.09.2003 and 23.09.2002, respectively. It is an admitted case that while the educational qualification of the petitioner No.1 is a 12th pass, the petitioner No.2 has only passed his matriculation i.e. 10th standard. The fact of the case is that the service of the petitioners were regulated by “the General Reserve Engineering Force Group-C and Group-D Recruitment Rules, 1982” and for promotion to the post of LDC from Group-D employees, the eligibility was matriculation or possessing equivalent qualification and they have to render 5 years regular service, in Group-D post, on the basis of the departmental examination, subject to the following conditions:
(ii) The maximum numbers of recruits by this method would be limited to 10% of the vacancies, occurring in a year and the unfilled vacancies would not be carried over.
4. At this stage it may also be relevant to take note of the instructions issued vide SIG No. 26139/EG2 dated 25.02.2010 which was a W.T. message, wherein, it has been mentioned that the departmental exam for Lower Division Clerk (LDC) may be conducted from the said year and from the next year on regular basis every year and the departmental exam of the erstwhile Group-D employee for promotion to LDC be conducted on 01.06.2010. The relevant portion of the said WT message is quoted herein below:
On the basis of the said WT message, the petitioners along with 54 others appeared in the Departmental examination.
5. The results of the Departmental Examination was issued by a communication bearing No.2061/DE/03/FA2, dated 28.06.2010, whereto an Appendix was enclosed confirming the names of the qualified candidates in alphabetical order. Para 2, 3, 4 & 5 of the said communication, being relevant, is quoted here-in-below:
(3) The list has been prepared in alphabetical order irrespective of the seniority of merit of the individuals and it has no bearing of merit of guarantee for promotion. Final selection will be done only at the time of DPC.
(4) The Departmental Examination passed candidates will be considered for promotion to LDC strictly as per Recruitment & Promotion Rules, 1982 according to seniority at their own turn subject to fulfillment of other promotion norms and availability of vacancy.
(5) As per Dte instructions issued vide their Sig No.261369/EG2 dated 25 Feb 2010 the number of selected candidates will be limited to number of vacancies against departmental exam quota for the year and no list over and above such vacancies like wait list, qualified list etc will be maintained as the examination shall be conducted every year. Hence, exact vacancy will be worked out as per availability of vacancy at the time of co
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