Unchallenged seniority list attains finality; candidate from feeder post without explicit exclusion eligible for promotion per common rules; belated challenge to DPC recommendation unsustainable post-subsequent promotion.

ORDER

Hon’ble Ms. Harvinder Kaur Oberoi, Member (J):

1.By way of filing this Original Application under Section 19 of the Administrative Tribunals Act,1985, the applicant has sought the following reliefs:-

“(a) Direct the Respondent(s) to set aside the impugned order/Office Memorandum No.F2-1/2020-Estt. Dt.19- 08-2020 in respect of promotion of Mohd. Yousuf Steno Grade ‘D’ (Urdu) to Steno Grade ‘C’, after complete review of the process of Departmental Promotion Committee (DPC).

(b) Direct the Respondent(s) to grant/award promotion to the Applicant (Ms. Anita Jain) as Steno Grade ‘C’ retrospectively consequent upon Review of the meeting of Departmental Promotion Committee held in August, 2020, as such she being the only available eligible incumbent.

(c) Pass/make any other or further appropriate orders/directions as this Hon’ble Tribunal may deem fit and proper in the interest of justice in view of the facts and circumstances of the case, in favour of the Applicant.”

2. Brief facts of the case are that the applicant was appointed as Stenographer Grade ‘D’ vide Office Order dated 27.11.1998 and joined the National Commission for Minorities on 26.11.1998. She continued to serve in the said post for nearly 20 years without any regular promotion, though she was granted financial upgradations under the Modified Assured Career Progression Scheme. A vacancy to the post of Stenographer Grade ‘C’ arose w.e.f. 01.06.2020 on account of superannuation of an incumbent, and being the only eligible candidate as per the applicable Recruitment Rules, the applicant requested initiation of the promotion process.

3. It is submitted that a meeting of the Departmental Promotion Committee (DPC) was held on 11.08.2020 to consider promotion to the said post. Although the applicant’s case was considered, she was arbitrarily ignored and the promotion was granted to Mohd. Yousuf, Stenographer Grade ‘D’ (Urdu) vide Office Memorandum dated 19.08.2020. It is the specific case of the applicant that the said promotee was not eligible under the National Commission for Minorities (Group ‘C’ & ‘D’ posts) Recruitment Rules, 2006, which clearly provide that only Stenographer Grade ‘D’ with five years of regular service is eligible for promotion to Stenographer Grade ‘C’.

4. It is further submitted that the posts of Stenographer Grade ‘D’ and Stenographer Grade ‘D’ (Urdu) are distinct and separate posts governed by different Recruitment Rules and meant for distinct functional purposes, namely shorthand in Hindi/English and Urdu respectively. Therefore, the two posts cannot be treated as merged for the purpose of promotion, and the consideration of Stenographer Grade ‘D’ (Urdu) for promotion to Stenographer Grade ‘C’ is ex facie illegal and contrary to the statutory rules.

5. The applicant submitted a detailed representation dated 01.09.2020 challenging the impugned promotion and specifically raising the issues as to whether Stenographer Grade ‘D’ (Urdu) is eligible for promotion to Stenographer Grade ‘C’ and whether the two cadres can be treated as merged. However, the respondents failed to consider the said issues and instead forwarded a reference dated 14.10.2020 to DoP&T on an irrelevant issue pertaining to the validity of seniority list, without enclosing or even referring to the applicant’s representation.

6. It is submitted that the said reference to DoP&