ORDER (ORAL)

Hon’ble Mrs. Pratima K Gupta, Member (J)

The brief facts of the case are, By virtue of the present OA, the applicant seeks the following relief:

i) That the Hon’ble Tribunal may further graciously be pleased to pass an order declaring to the effect not considering and not promoting the applicant and other eligible persons to the post of Welfare Officer as per existing R.Rules it is totally illegal, arbitrary and against the law and consequently, pass an order directing the respondents to consider and to promote the applicant and other eligible persons to the post of Welfare Officer from due date with all the consequential benefits.

(ii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of limitation.

2. The applicant after being initially appointed to the post of Instructor was promoted to the post of House Mother in the year 2013 in the Department of Social Welfare. As per the Recruitment Rules, vide notification dt. 12.01.2017, the next promotional post from the post of House Mother is to the post of Welfare Officer after serving on the post of House Mother for a period of ten years. The learned counsel for the applicant submits that the applicant became eligible to the post of Welfare Officer in the year

2023.

3. Notice was issued on 15.07.2024. The respondents were extended opportunity to seek instructions for the reason of delay in conducting the Departmental Promotion Committee (DPC).

4. Learned counsel for the respondents, on instructions, submits that the DPC was held on 19.06.2024, however, in view of certain queries raised related to seniority of the feeder grade and Recruitment Rules, it was decided that a DPC will be held again within two months from the said date after rectifying the anomalies which are under consideration of finalization by the respondents.

5. Learned counsel for the respondents places on record the minutes of the meeting dated 22.06.2024, relevant portions of which read as under:

11. The DPC had go through with Recruitment Rules of Welfare Officer Probation officer Prison Welfare Officer and Seniority list of House Father. Mother, Matron and observed that the Recruitment Rules dated 12.01.2017 is combined RRs for both the department and after bifurcation of the DWCD from DSW, the amendment regarding separation of RRs in r-o Welfare Officer/ Probation officer Prison Welfare Officer is under process.

12 The DPC has also observed that the final seniority list dated 03.03.2020 is a combined Seniority List wherein both department’s House Father. Mother &

matron name has considered as per seniority.

13. Further, the DPC has decided and directed to do necessary amendment regarding separation of RRs dated 12.01.2017 in r/o Welfare Officer/ Probation officer/ Prison Welfare Officer for Department of Woman and Child Development, GNCTD and also issue separate seniority list in r/o House Father, Mother & Matron for Department of Women and Child Development, GNCTD.

14. Further, the DPC has directed that after doing necessary amendment in RRs of Welfare officer/ Probation Officer/ Prison Welfare Officer dated 12.01.2017 and alter issuing separate seniority list in r/o House Father, Mother & Matron, the promotion cases pertains to eligible House Father, Mother & matron to be keep before the DPC for recommendation.

6. In view of what has been recorded herein above and the statement given by the learned counsel for the respondents, the OA is disposed of with a direction to the respondents to conduct the pending DPC within a period of eight weeks from the date of certified copy of this Order.

7. No order as to cost.

(Rajinder Kashyap) ( Pratima K Gupta)

Member (A) Member (J)

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