JUDGEMENT

JYOTI SINGH, J. (ORAL)

1. This writ petition has been preferred on behalf of the Petitioners under Article 226 of the Constitution of India seeking quashing of Office Order dated 12.05.2006, whereby persons at serial Nos. 32 to 37 were promoted to the post of Assistant Manager (Tech) albeit being junior to Petitioner No. 1. Writ of mandamus is sought to Respondent No.1/Delhi Transco Ltd. (‘DTL’) to treat the Petitioners as eligible and convene a review DPC for considering them for promotion to the post of Assistant Manager (Tech).

2. Factual matrix to the extent necessary and relevant for adjudication of the present writ petition is that Petitioner No. 1 joined Delhi Vidyut Board Signature Not Verified Digitally Signed W.P.(C) 8951/2006 Page 1 of 15 (‘DVB’) as Junior Engineer (hereinafter referred to as ‘JE’) on 17.09.1999 while Petitioner No. 2 joined on 05.04.2000. In July, 2002, DTL came into existence after unbundling of DVB into five entities. Petitioners No. 1 and 2 came to be employed under DTL post the unbundling. In January, 2003, Petitioners No. 3 and 4 joined DTL as JEs after successfully clearing the All India Competitive written examination held in 2002.

3. On 21.08.2003, a final seniority list of JEs working in the pay scale of Rs.5500-9875 was published in DTL indicating the seniority as on 31.07.2003. Petitioner No. 1 was at serial No. 84, Petitioner No. 2 was at serial No. 92, Petitioner No. 3 was at serial No. 120 and Petitioner No. 4 was at serial No. 124 in the said seniority list. In September, 2003, the ‘Recruitment and Promotion Regulations for the post of Assistant Manager (Tech)’ (hereinafter referred to as ‘R & P Regulations’) were approved vide Board Resolution No. 14.2.5 dated 24.09.2003. As per Clause 12 of R & P Regulations all JEs with 3 years continuous service in the respective grades and possessing degree in Engineering in the fields mentioned therein, from a recognised University were eligible to appear in the Limited Departmental Competitive Examination for the post of Assistant Manager (Tech).

4. It is averred in the petition that Petitioner No. 1 acquired a degree in Electrical Engineering in December, 2003 while Petitioner No. 2 acquired the degree in December, 2004 and Petitioners No. 3 and 4 in June, 2004. Having acquired the Engineering degree, Petitioner No. 1 requested GM (Admn.) in July, 2005 to consider his candidature for the post of Assistant Manager (Tech) but there was no response. On 17.02.2006, Petitioners were sent on promotion related Residential Training Programme, followed by an Evaluatory Test, which they successfully completed on 10.03.2006. In Signature Not Verified Digitally Signed W.P.(C) 8951/2006 Page 2 of 15 March, 2006, Petitioners once again requested Director (HR) for considering their names for promotions, followed by a written representation but again there was no reply. Ignoring the Petitioners, DTL convened a DPC in May,2006 and on its recommendation, promoted 37 officials to the post of Assistant Manager (Tech) under the 50% departmental promotion quota, in the pay scale of Rs.7750-14500, amongst whom the officers from serial Nos. 32 to 37 were juniors to Petitioner No. 1, whose seniority position was admittedly at 84. Aggrieved by their non-promotion, Petitioners filed the present writ petition and impleaded officers from serial Nos. 32 to 37 as Respondents 3 to 8.

5. Learned counsel for the Petitioners submits that deprivation of the Petitioners from consideration for promotion to the post of Assistant Manager (Tech) was based on a flawed understanding and interpretation of Clause 12 of the R & P Regulations that the period of continuous service of 3 years required in the respective feeder grades, both for degree and diploma holders, was to be counted post acquiring the required essential qualifications of degree/diploma which was purportedly based on a DoPT letter dated 24.02.1995, stating that the experience which is acquired before completion of a