ORDER

directing the respondents to consider the case of the applicants for their promotion through competitive examination under 10% quota to the post of LDC with consequential benefits.

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

2. The basic facts of the case are that the applicants are presently working on the posts of School Attendant/Safai Karamchari in Delhi Municipal Corporation. The respondents notified the recruitment regulation in 1983, which were framed under Section 480 (2) of the Delhi Municipal Corporation Act, 1957, the column 10 of the said recruitment rules ear mark a 10% quota for promotion on the basis of competitive examination to be held by MCD for Class-IV staff. The eligibility prescribed is five years continuous service in Class-IV posts or in any higher posts on 1st January of the year of examination. However, the respondents instead of inviting applications for conducting selection against 10% quota, vide order dated 28.01.2016 issued a list and called the work and conduct report and vigilance report of the Group D employees in which only the Chowkidars & Peons have been included by treating them as a Centralized Cadre. They have totally ignored all other Class IV employees and seniors employees like the applicants of other posts.

3. On coming to know regarding the order dated 28.01.2016, the applicants submitted their representations before the competent authority, through proper channel; however, no reply is received by them till date. The respondents instead of including the names of the applicants in eligibility list for consideration of promotion, issued an order dated 03.06.2016 vide which a seniority list of Class IV employees in which only the employees of two posts, i.e., Chowkidar and Peons were included and Class IV employees like the applicants were ignored. The respondents were to conduct a selection for the post of LDC under 10% quota in last week of June, 2016 on the basis of revised seniority list dated 03.06.2016 and list dated 28.01.2016. Aggrieved by the same, the applicants have approached this Tribunal.

4. The respondents were issued notice in the OA and Mr. D S Mahendru, learned standing counsel appeared for the respondents and filed a detailed counter affidavit, therein it has been submitted that the respondents has notified RR of 2007 for the post of LDC, wherein clause 12 relating to promotion states as under:- “(1) Promotion:

Class IV employees of General Wing of the MCD in the pay scale of Rs. 2550-3200 with five years regular service in the grade.

(2) Limited Departmental Competitive Examination:

Class IV employees of General Wing of the MCD in the pay scale of Rs. 2550-3200 with five years regular service in the grade and possessing educational & other qualification prescribed for direct recruitment in Column No. 8 shall be eligible to appear in the examination.”

5. Learned counsel for the respondents further states that the respondents are dealing with the promotion of centralized cadre of Class-IV employees, i.e., Peon, Chowkidar as per the orders of Director (Local Bodies) dated 18.4.2012 duly approved by the Hon’ble Lt. Governor of Delhi at the time of trifurcation of erstwhile MCD. The applicants are working as School Attendants and Safai Karamchari in Education Department/North DMC and in compliance of the directions of Director (Local Bodies) vide office order dated 18.04.2012 and the orders of the higher authorities, the respondents did not consider the applicants for the promotion of LDC under the promotion quota.

6. We have heard learned counsel for both the parties and have perused the pleadings available on record.

7. Learned counsel for the applicants submits that similar issue has already been decided by the Hon’ble High Court in the case of Padam Chand and Ors. Vs. Municipal Corporation of Delhi, reported in 2005 (84) DRJ 123. The rele