Eligible junior's vested right to promotion precedes seniors' conditional consideration under relaxatory note in recruitment rules.

ORDER

Per: Mr. Braj Mohan Agrawal, Administrative Member

The applicant joined the services of the 2nd respondent as Havildar on 31.10.2014. He was promoted to the grade of Lower Division Clerk with effect from 1.1.2019. The next promotion which the applicant can aspire is to the post of Tax Assistant. As per Annexure A4 Tax Assistants (Group-C Posts) Recruitment Rules 2020, 75% is by direct recruitment and 25% is by promotion. According to the applicant, by virtue of the said Rules, though the applicant had not satisfied the qualifying period for promotion as Tax Assistant, by virtue of a note to the relevant clause in the said RR, if a junior is considered, the senior who is not short of requisite qualifying eligibility service as prescribed in the note, shall also be considered for promotion to the next higher grade along with their junior, who has already completed such qualifying or eligibility service. As per Annexure A5 seniority list, the applicant is placed at serial No. 3 and the 3rd respondent is placed at serial No. 11.

2. While so, 5 vacancies of Tax Assistant arose and the DPC was held on 27.12.2023 for filling up of the vacancies. According to the applicant, all the 5 vacancies were sought to be filled up from 7 Head Havaldar/LDC named in Annexure A2. Five candidates mentioned in Annexure A1 were short listed. Out of it, first four were senior to him and the fifth was the 3rd respondent herein who was junior to the applicant. The grievance of the applicant is that notwithstanding the specific provision in the Recruitment Rule which mandated that when a junior who had already completed the qualifying service was considered, the seniors shall also be considered, was not considered, bypassing the legitimate claim of the applicant. The 3rd respondent was ordered to be promoted with effect from 1.6.2024 by Annexure A1 DPC results. Annexure A2 is the copy of the select list obtained under the RTI Act. Annexures A1 and A2 are under challenge in the Original Application. The prayer sought in the Original Application is to set aside Annexures A1 and A2 to the extent it affected the applicant herein, and to declare that the inclusion of the 3rd respondent and the exclusion of the applicant in the select list was incorrect.

3. It is essential to refer to the relevant clause of Annexure A4 Tax Assistant (Group-C) Recruitment Rules, 2020. Column 10 of Recruitment Rules provides that the 75% of the vacancies are to be filled up by direct recruitment through Staff Selection Commission and 25% by promotion. In the case of promotion or deputation/absorption, the grades from which promotion or deputation/absorption to be made is mentioned in column 11 as follows:

"Promotion From Lower Division Clerks in level-2 (Rs. 19900-63200) in the pay matrix and Head Havaldar in level-2 (Rs.19900-63200) in the pay matrix who have rendered eight years of regular service in the grade failing which,-

(a) eleven years of combined service in Grade of Lower Division Clerk and Multi-Tasking Staff, or, (b) eleven years of combined service in the Grade of Head Havaldar, Havaldar and Multi-Tasking Staff, or;

(c) eleven years of combined service in the Grade of Lower Division Clerk, Havaldar and Multi-Tasking Staff shall be taken into consideration and shall possess the following qualification and experience, namely:-

Data Entry Speed of 8000 key depression per hour for data entry work and passed in Departmental Qualifying Examination to be held after a three-week training.

Note: Where juniors who have completed their qualifyin