W.P.(C).5802/2015

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment Dated: 11^th August, 2016

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W.P.(C) 5802/2015

DR. RAMAKANT SINGH

..... Petitioner

Through :

Mr. R.K. Saini with Mr. Abhik Kumar,

Mr. Manish Kumar, Mr. Siddhartha

Shankar and Mr. Minal Sehgal,

Advocates

versus

UNION OF INDIA & ORS

..... Respondents

Through :

Mr. Dev P. Bhardwaj, CGSC with

Ms. Ranjana, Advocate for

UOI/respondent no.1.

Mr. Naresh Kaushik with Ms. Manisha

Badoni, Advocates for

UPSC/respondent no.3.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

HON'BLE MR. JUSTICE I.S. MEHTA

G.S.SISTANI, J (ORAL)

1.

The petitioner is aggrieved by the order passed by the Central

Administrative Tribunal (hereinafter referred to for short as „the

Tribunal‟) dated 05.09.2014 as also the order dated 24.04.2015 passed in

Review Application. The OA as also the Review Application filed by

the petitioner stand dismissed.

2.

The pleadings in this matter are complete. With the consent of the

parties, the writ petition is set down for final hearing and disposal.

3.

Necessary facts which are required to be noticed for disposal of this

petition, as stated in the petition, are as under.

2016:DHC:5734-DB

W.P.(C).5802/2015

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4.

The petitioner was initially appointed to the post of Project Officer in the

Civil Aviation Department on 17.01.1993. He was promoted to the post

of Senior Scientific Officer, known as Assistant Director (AE) on

17.03.2003. Petitioner was again promoted to the post of Deputy

Director on ad hoc basis by an order dated 14.09.2010. The Recruitment

Rules, known as Civil Aviation Department Class-I and Class-II post

Recruitment Rules, 1969, were notified on 16.06.1969. As per the

Recruitment Rules, Senior Scientific Officers were eligible to be

considered for the post of Deputy Director(R&D) on completion of

requisite number of years service as a Senior Scientific Officer. There

was no other essential qualification prescribed for promotion. By a

Notification dated 10.08.1992, the Recruitment Rules for the post of

Deputy Director (R&D) were amended. On 17.03.2008, the petitioner

was promoted to the post of Assistant Director on regular basis. As per

the Recruitment Rules, the petitioner became eligible to be considered

for promotion to the post of Deputy Director(AE) on 17.03.2008. The

petitioner claims that he had fulfilled all the educational qualifications,

experience and technical qualifications in the year 2008 itself. The

petitioner was also the senior-most person to be considered for

promotion to the post of Deputy Director(AE).

5.

The grievance of the petitioner is that the respondents had not conducted

any DPC for the promotion to the post of Deputy Director since 2008.

In view thereof, the petitioner has been deprived of promotion on regular

basis and also the delay in conducting the DPC would affect his being

considered for the next promotion. The respondents, in the meanwhile,

decided to fill up 07 posts of Deputy Director through direct recruitment

through UPSC for which an advertisement was published in the

Employment News for the week 28.08.2010 - 03.09.2010 and during this

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W.P.(C).5802/2015

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period 07 posts have been filled up. It is also the case of the petitioner

that in the year 2008, the petitioner became eligible for promotion and

being the senior-most eligible person he would have been considered for

promotion but the DPC was not conducted for any justifiable reason.

The petitioner claims to have made a number of representations,

including a representation dated 27.07.2012 to the respondents for

considerin