SC employee entitled to notional promotion in reserved category with supernumerary post if erroneously denied due to junior's irregular promotion.

ORDER

Per Mr. Rameshwar Vyas :

Being aggrieved by the speaking order dated 10/17-06-2015 (Annex.A/1), passed in compliance of the order rendered in O.A. No.183/2012 filed by applicant seeking promotion to the post of Stenographer Grade I and restraining the respondents to revert him to the post of Stenographer Grade III, he has come again before this Bench in second round of litigation by filing the instant O.A. with a prayer to quash the above speaking order and pass a direction against the respondents to promote him as Stenographer Grade I w.e.f. 31.07.2000 with all consequential benefits.

2. Facts of the case in brief are as under :-

2.1. The applicant was appointed as a Stenographer Grade III on 15.06.1987. His immediate senior Sh. Jasbir Singh was recruited on 06.06.1987 as Stenographer Grade III. Both the employees belong to SC category. It is not in dispute that Smt. Indra Kataria was appointed as Stenographer Grade III on 18.08.1987 in the same category, was inadvertently promoted as Stenographer Grade II in terms of the D.P.C. held on 13.07.1993 (Annex.R/1). Noticing this mistake, after convening a review DPC, Sh. Jasbir Singh and applicant, were granted notional promotion w.e.f. 31.05.1994 in the cadre of Stenographer Grade II at par with Smt. Indra Stenographer Grade II vide order dated 03.03.2010 (Annex.A/3).

2.2 After sanction of the 18 additional posts of Stenographers Grade — I, a meeting of DPC was held on 19.07.2000 to fill-up the above vacancies out of which two posts were reserved for SC and one post was reserved for a ST category candidate. In this DPC, 13 names were recommended for promotion in the general category, whereas, Smt. Indira, who was junior to the applicant, was again recommended for promotion to the post of Stenographer Grade-I in SC category. The applicant filed a representation against the proposed action of the respondents. When the respondent did not respond to his representation, he filed O.A. No. 183/2012 before this Bench impugning the action of the respondents in not granting him promotion to the post of Stenographer Grade I and reverting him from the post of Stenographer Grade II._In order to rectify the error of exclusion of an eligible candidate in the DPC of Stenographers Grade II held on 19.07.2000, a review DPC was held on 09.07.2014 by the competent authority. As per minutes of the review DPC dated 09.07.2014 (Annex. R/7), the name of Sh.Jasbir Singh was recommended for promotion to the post of Stenographer Grade- I Hindi. The respondents contested that O.A. After hearing both the parties, this Tribunal allowed the O.A. with the direction to respondents No. 1 to 4 to consider candidature of the applicant for grant of promotion to the post of Stenographer Grade I as per law, within four months from the date of receipt of this order and keeping in view Annex. A/11 and also directed the respondents No. 1 to 4 not to revert the applicant from the post of Steno Grade II till his consideration, as directed above.

2.3. In compliance of the above directions, the impugned speaking order 10/17-06-2015 (Annex.A/1) was issued. Para No. 3 thereof, being relevant is reproduced as under :-

3. The matter was examined and you were also given an opportunity of personal hearing on 06.05.2015. During the discussion, you were appraised of all facts. After careful consideration, the Competent authority has come to the conclusion that on recommendation of the 6" Pay Commission and merger of pay scales of Rs. 5000-8000 and Rs. 5500-9000, the post of Stenographer Grade II are merged with Stenographer Grade-1 w.e.f. 1.1.2006 and you are in the post of Stenographer Grade-I drawing the pay scale, and you have not been reverted. The above decision is hereby commu