Eligible employees' right to timely consideration for promotion is fundamental under Articles 14 & 16; departmental delays in DPC, recruitment rules, and post revival cannot deny it. Directed prompt DPC holding.

ORDER

PER SMT. URMITA DATTA SEN, MEMBER (J):

It has been submitted by the learned counsel for the applicants that since the issue involved in this case is identical one, therefore, applicants’ prayer to join together in a single application may be allowed; and is, therefore, allowed.

2. The brief facts of the case are that the applicants were initially appointed as Sub Inspector (Pioneer) and thereafter promoted as Assistant Engineer Grade II. They are diploma holders in Civil Engineering. As per the applicants, in their entire service career, they have got only one promotion that is from Sub Inspector (Pioneer) to the grade of Assistant Engineer Grade II. It has been further submitted that earlier, the conditions of services were governed by "Cabinet Secretariat, Special Service Bureau(Engineer Recruitment) Rules, 2000" (which was made under proviso 309 of the Constitution). Therefore, in terms of the said Rule, the next available hierarchy of promotion is to the cadre of Executive Engineer. The applicants were eligible for promotion to the post of Executive Engineer under the Rules, 2000 and as such, vide Memorandum dated 27.10.2017 (ANNEXURE- A/4), the applicants along with others have been declared as falling under zone of consideration for promotion to the rank of EE for the vacancy year 2017-18 and vide Order dated 05.12.2018, the seniormost AEs had been promoted to the post of EE. In the meantime, the Under Secretary, Ministry of Home Affairs, Govt. of India vide Letter dated 18.10.2017(ANNEXURE- A3), conveyed the approval for creation/abolition of posts by cadre review/restructure in non-combatised cadres in SSB. It is submitted that 11 posts of Executive Engineers were created by adding with the existing 10 posts of EE and altogether 21 posts were included in cadre strength of EE. It is further stipulated at para 2 of the said Executive Instructions that some 858 posts were created which would come into existence from the dates when they will be filled up and appointment to such posts would be made after the finalization of the new recruitment rules.

3. Further, it is submitted that the applicants were waiting for framing of new recruitment rules providing adequate opportunity for their promotion to the post of Executive Engineer. However, the respondents without notifying new Recruitment Rules for Engineering cadre had issued an Advertisement vide Notification No. 315/RC/SSB/Advt./2018/03 in Employment News on 26 January-01 February, 2019 to fill up all the 10 (ten) newly created posts of Executive Engineers by deputation/absorption in violation of condition laid down in para 2 of the cadre review Letter dated 18.10.2017. Meanwhile, two Assistant Engineers had approached this Tribunal through OA No. 71/2019 (Sri Dipak Kumar Nath and another) against the said advertisement. As such, this Tribunal after hearing both sides on 12.03.2019 had issued notice in the said O.A. with a direction that the proceedings of the Advertisement dated 26 January- 01 February, 2019 to the extent of Sl. No. 7 shall be kept in abeyance till the next date. However, during the pendency of the said OA No. 71/2019, the Ministry of Home Affairs on 25.02.2021 by exercising proviso under Article 309 of the Constitution had notified Sashastra Seema Bal, Group 'A' (Non- combatised) Engineering Cadre Recruitment Rules, 2021 (ANNEXURE-A/11). In the Recruitment Rules, 2021, 21 numbers of posts of Executive Engineer in Level-11 in the pay matrix Rs. 67700-20