Irregular excess promotions beyond notified vacancies do not confer similar rights on other candidates; low merit rank and disciplinary bar preclude promotion claim despite passing LDCE.

ORDER

(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A))

This OA has been filed by the applicant seeking the following relief:-

“To call for the records leading to the issuance of the impugned letter ref. No. EFAA/ADMIN/ 017/LDCE/2010-11 dated 22.12.2015 issued by the 2nd respondent and quash the same and consequently, direct the respondents to grant promotion to the applicant to the post of Chargeman (Mechanical) with effect from 2010 under the Limited Department Competitive Examination (LDCE) with all back wages and other service benefits, and pass such further or other orders as this Hon'ble Tribunal deems fit and proper in the circumstances of the case and thus render justice.”

2. The facts of the case, as submitted by the Applicant, are as follows, in brief:-

2.1. The applicant is presently working as Machinist 'HS', S.P.S. Section, under the 2nd respondent. The applicant belongs to the Schedule Caste (SC) community. The applicant completed Industrial Training for Turner during the academic year 1990-1992. The applicant underwent apprentice training under the 2nd respondent during the period 1993- 1994. He was appointed as Machinist - Semi-skilled, on 31.12.1997, under the 2nd respondent. Thereafter, the applicant was promoted as High Scale II Machinist with effect from 03.11.2005. Further promotional avenue for the applicant is High Scale I, which ought to have been given effect w.e.f. 13.10.2013, but was kept in a sealed cover.

2.2. The applicant submits that the 2nd respondent, by Order No.051, dated 03.07.2008, called for Limited Departmental Competitive Examination (LDCE) for 12 posts. However, only five posts were filled up by Order No. 1126, dated 31.12.2008, initially, and, subsequently, six posts were filled up. By virtue of Order No.212, dated 19.3.2009, the 2nd respondent, even without conducting the Limited Departmental Competitive Examination, filled up six posts, from among the candidates who were kept wait-listed on the basis of the LDCE conducted in the year 2008.

2.3. By Order No.049, dated 07.04.2010, the 2nd respondent called for applications for eight posts for the year 2010-2011, wherein by Order No.961, dated 29.9.2010, four candidates, viz., A. Magesh Kumar, S. Damodaran, R. Gunasekar and K. Kumaravel, were promoted from the merit list. Subsequently, by Order No. 1099-A, dated 19.11.2010, of the 2nd respondent, one G.Mahesh Kumar, was promoted from Fitter (G) -HS to Chargeman (Tech/Mech).

2.4. Based upon the initial merit list, published vide letter, dated ref.OFIL/AV/1011/LDCE, dated 29.12.2008, after four long years, the 2nd respondent, by Order ref. No. EFA/A/ADMIN/ 017/ LDCE/CM, dated 19.11.2012, one Mr.Parthiban was promoted as CM (T/Elect) with effect from 31.12.2008.

2.5. Again, by Order No.60, dated 10.08.2011, the 2nd respondent called for applications for 7 posts under LDCE and the Applicant secured 113 marks, in all, whereas the average mark is 45.20/Pass. Subsequently, by Order No.20702, dated 19.7.2012, three candidates were given promotion and by Order, dated 16.08.2012, one more candidate was given promotion. Subsequently, by order No.32576, dated 7.9.2013, the applicant was re- designated as Machinist HS-II from Machinist - HS.

2.6. Since the year 2010, the applicant had been participating in all the LDCEs. Despite his qualification, length of service and passing in the departmental examinations, he has not been promoted to the post of Chargeman (Mechanical), notwithstanding the vacancies available, including the backlog. It is pertinent to submit that in the year 2008, LDCE was conducted for 7 Mechanical posts only, whereas 11 candidates were declared to have passed. The 2nd respondent had accommodated five senior merit candidates at the first instance and the rest of the candidates were accommodated in the year 2009, even without calling for new LDCE. In identical circumstances, the 2nd res