Eligibility for promotion is distinct from seniority; mandatory qualifying service on feeder post must be completed, irrespective of overall cadre seniority or transfer conditions placing employee junior.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioner was given compassionate appointment as Junior Assistant in Directorate of Treasury and Finance Services, vide order dated 11.02.2013. He is aggrieved by the promotion granted to respondent no. 3 to the post of Administrative Officer on the recommendation of Departmental Promotion Committee convened on 11.10.2023. The relief sought in the writ petition are as follows:-

“I. Issue a Writ, rule, order or direction in the nature of certirorified mandamus to declare the action of the respondents for not granting the benefit of promotion to the petitioner on the post of Administrative Officer, Pay Band-7 w.e.f. 12.10.2023 on the basis of recommendations of the DPC dated 11.10.2023 as contained in (Annexure No. 1 and 2 to this petition) by which the DPC erred in saying that since the private respondent is senior in Head Assistant Cadre is unjust, arbitrary, irrational and contrary to law. And, to quash the same along with its effect and operation also after calling entire records from the respondents or to mould the relief appropriately by safeguarding the interest of the petitioner keeping in view the facts highlighted in the body of the petition.

II. Issue appropriate writ rule or direction in the nature of mandamus by directing the respondents to treat the petitioner senior on the post of Head Assistant, Senior Assistant and Administrative Officer in view of the original seniority of feeding cadre of junior assistant and also to convene a review DPC to grant the benefit of promotion on the post of Administrative Officer on Pay Band-7, Head Assistant, Senior Assistant w.e.f. the date when the same was given to the private respondent along with all consequential benefits had it been the impugned order was never in existence.”

2. According to the petitioner, respondent no. 3 although was appointed as Junior Assistant on 11.10.2006, however, her appointment was in Local Funds Account Audit Wing of Directorate of Treasury and Finance Services and her services were transferred to Directorate of Treasury and Finance Services, vide order dated 13.07.2013 with the condition that she will be junior to existing members of service in the cadre of Junior Assistant in the Directorate of Treasury and Finance Services. He, thus, submits that since petitioner was appointed as Junior Assistant in Directorate of Treasury and Finance Services on 11.02.2013, therefore, he is senior to respondent no. 3, therefore, he had a better right of promotion compared to respondent no. 3. The minutes of the meeting of Departmental Promotion Committee held on 11.10.2023 are on record as Annexure-1 to the writ petition. The Departmental Promotion Committee has referred to the relevant recruitment Rules applicable to ministerial cadre, where it is provided that a Head Assistant, who has completed minimum three years of service on the first day of the year of recruitment and has completed total 17 years of service would be eligible for promotion. Petitioner was promoted as Head Assistant only on 01.12.2021, as is revealed from the document enclosed as Annexure-11 to the writ petition. Respondent no. 3, however was promoted as Head Assistant much earlier on 04.07.2018, as is evident from the document enclosed at page no. 49 of the writ petition.

3. Since petitioner had not completed three years of qualifying service on the post of Head Assistant, which was one of the condition for promotion as per the Rules, therefore, the Departmental Promotion Committee recommended respondent no. 3 for promotion as Administrative Officer.

4. Petitioner contends that since respondent no. 3 is junior to h