ORDER

Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

Being aggrieved by office order no.208 dated 26.03.2015 (Annexure- A/1) issued to implement the order dated 06.01.2014 passed by this tribunal in OA No.19/2013, whereby 25% of Central Ground Water Board were promoted to the post of Assistant Executive Engineer with effect from the dates mentioned against their name, the applicant has preferred this OA with prayer to quash and set aside the above promotion order as also the revised seniority list dated 25.06.2015 as on 01.01.1996 of Assistant Engineer and seeks direction against the respondents to hold review DPC for the post of Assistant Engineer as per direction given in the order dated 06.01.2014 (supra) from the post of Senior Technical Assistant and consider the candidature of the applicant as per applicable rules and promote him with all benefits.

2. Brief facts of the case are under:-

2.1 The applicant was initially appointed on the post of Junior Engineer on 31.07.1985 and thereafter he was promoted on the post of Senior Technical Assistant (Mechanical) on 16.11.2005. He was promoted as an Assistant Engineer on 24.02.2009. In the year 2004, the Central Ground Water Board Assistant Executive Engineer Recruitment Rules, 2004 were framed. As per Rule 11, the posts of Assistant Executive Engineer are to be filled 75% by promotion and 25% by direct recruitment. As per Rule 12 of these Rules, out of 75%, half portion i.e. 37.5% are filled from Assistant Engineer who are having two years of regular service in the grade and possessing at least a diploma in Engineering. After the above rules, review DPC was convened for the post of Assistant Executive Engineer (AEE). Aggrieved with the promotion order dated 11.01.2008 whereby some Assistant Engineers were promoted to the post of Assistant Executive Engineer, the applicant along with C.R. Chahliya filed OA No.19/2013 before this tribunal with prayer to quash and set aside DPC proposal vide letter dated 14.09.2012 and also prayed for direction to determine year-wise vacancies of Assistant Engineer and convene review DPC and accordingly grant the benefits to the applicants. The OA was heard and decided by this Bench on 06.01.2014 (Annexure-A/4). The operative part of the order is as under:-

“9. Therefore, the order dated 14.09.2012 (Annexure-A/1) is quashed and in view of the discussions made hereinabove, the respondents are directed to conduct the review DPC for promotion to the post of Assistant Engineer (from Senior Technical Assistant) after fresh determination of year-wise vacancies, flowing from the promotions made to the post of Assistant Executive Engineer (from Assistant Engineer) vide Ann.A/4, and the applicants be considered for the same as per eligibility and rules and be extended similar benefits as those extended to Assistant Executive Engineers as per Ann. A/4. Thereafter, the respondents should hold further promotions to the post of Assistant Executive Engineer according to rules and consider the case of the applicants as per due eligibility.”

To implement the above judgment, office order No.208/2015 dated 26.03.2015(Annexure-A/1) was passed whereby date of promotion of 25 officers of the Central Ground Water Board were revised and it has been mentioned that the officers promoted above will be entitled for fixation of pay notionally. They will, however, not be entitled to draw arrears which would be admissible only from the date they actually assumed the charge of the higher post of Assistant Engineer.

2.2 Revised seniority of Assistant Engineer of each year from 01.01.1996 to 01.01.2015 was also prepared. As per seniority list as on 01.01.2010, the applicant’s name appeared at serial No.12. The above seniority lists were communicated to the applicant vide letter dated 25.06.2015 (Annexure-A/2), wherein it is mentioned that the seniority list has been fixed on the basis of the recommendations of t

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