ORDER

dated 21.10.2016 (Annexure A-15) is illegal, arbitrary and discriminatory ;

(iii) declare that the applicant is entitled for consideration for promotion to the post of UDC/SPA along with 08 persons promoted vide order dated 21.10.2016 (Annexure A-15), if required by granting relaxation of residency period in the feeder post, with all consequential benefits, viz., seniority, fixation of pay, arrears of pay, etc. from the date such persons have got the same.

(iv) further direct the respondents to pay interest at the rate decided by this Hon’ble Tribunal on the arrears of pay.”

2. The applicant was initially appointed on temporary basis as daily rated casual worker under the respondents w.e.f. 14.06.1989. Later he was regularly appointed as Watchman on 15.03.2004. In 2008, after qualifying the Limited Departmental Competitive Examination (LDCE) he has become LDC. The next channel of promotion is UDC by DPC. However, the rules were amended in 2010 as 75% by promotion and 25% by LDCE.

3. The applicant was given ad hoc promotion on 01.04.2016 as UDC (re-designated as Senior Passport Assistant) and till date he has been working as such. In the meantime, DPC took place which did not consider the case of the applicant for regularization as Senior Passport Assistant.

4. It is stated that for promotion to the next post, 8 years‟ experience was required in the feeder category of UDC. However, the department has power to relax the same which has been exercised by the respondents from time to time in favour of the employees.

5. Specific averment has been made in the reply wherein it is stated that four persons referred therein were initially appointed on ad hoc basis w.e.f. 28.02.2012 vide office order dated 28.02.2012 (Annexure A/8) and their services were regularized with effect from 01.08.2013 by the respondents themselves by exercising the power of relaxation.

6. As these officials were not having the required number of eight years of service as LDC/JPA, feeling aggrieved, the applicant has made a detailed representation to the respondents but of no avail.

Hence, the applicant approached this Tribunal by filing this OA.

7. Notices were issued to the respondents and Mr. Deepak Bhardwaj, learned standing counsel put appearance and filed reply. He has submitted in reply as under :- “vi) As per Ministry Of External Affairs Notification dated 03rd March, 2004, the post of UDC/SPA is filled up 75% by promotion and 25% by Limited Departmental Competitive Examination. Copy of the same is annexed and mark as Annexure R1 xxx xxx xxx xxx xxx (viii) That the promotion by relaxing eligibility criteria or service is not a regular feature in career progression in any Government service. This option is normally exercised by the Government purely in public interest as per extant rules and regulations.

A Government servant cannot demand such relaxation for his promotion as a matter of right.

xxx xxx xxx xxx xxx (xi) It is submitted that as per the seniority list of Senior Passport Assistant as on 01.04.2016, 186 officials were holding the post and available vacancies were 442. The Seniority list is annexed and marked as Annexure 'R2'.

xxx xxx xxx xxx xxx (xiv-xv) that relaxation was given only to participate in aforesaid departmental examination only.

It is further submitted that the UDC Grade Limited Departmental Competitive Examination, 2016 is being conducted by Staff Selection Commission.

Central Passport Organization being the participating Unit reported 157 vacancies for this examination. In accordance with Government's instructions the crucial date of determining eligibility service for Limited Departmental Competitive Examination held by the Staff Selection Commission is:

(i) 1st day of January of the year in which the examination is held, if the examination is held in the first half of the year; and (ii)1st day of August of the year in which the examination is held, if the examination is held in the