Full Judgment Text
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CASE NO.:
Appeal (civil) 8208 of 2001
PETITIONER:
Union of India
RESPONDENT:
Smt. Sadhana Khanna
DATE OF JUDGMENT: 14/12/2007
BENCH:
A.K. Mathur & Markandey Katju
JUDGMENT:
J U D G M E N T
MARKANDEY KATJU, J.
1. This appeal has been filed against the impugned judgment of the
Delhi High Court dated 21.3.2000 in Civil Writ Petition No.1311 of 2000.
2. Heard learned counsel for the parties and perused the record.
3. The facts of the case are that the respondent joined the Central
Secretariat Service on 13.7.1983 after passing Assistants Grade Examination
held in October, 1981. The respondent was allocated to the finance cadre
comprising the Ministry of Finance.
4. After completion of eight years of regular service in the grade of
Assistant, the respondent was granted a short-term promotion to the grade of
Section Officer on 24.7.1991. The respondent continues to work in this post
till date.
5. Select List (Seniority quota) for promotion to the Section Officers
Grade for the year 1991 was issued on 28th May, 1993. The respondent\022s
name has not been included in this select list although the respondent was
qualified to be included in the select list. Officers junior to the respondent
who have secured lower rank in the Assistant Grade Examination 1981 have
been included in the select list for Section Officers 1991.
6. The seniority list of Assistants Grade had been issued on 1st October,
1990. In this list the respondent ranks at S.N.29 whereas other officers of
the same grade at S.Nos.30, 32, 34, 25 and so on who are junior to the
respondent in this seniority list have superseded the respondent and
promoted as Section Officer on the basis of the Select List of 1991.
Promotion to the post of section officers from the grade of Assistant to the
grade of Section Officers (seniority quota) is on non-selection basis, based
only on seniority.
7. The grievance of the respondent was that her juniors were included in
the select list but her name was not so included. Hence, she filed an O.A.
before the Central Administrative Tribunal.
8. In the counter affidavit filed before the Tribunal the appellant herein
(respondent before the Tribunal) alleged that the respondent was not eligible
for inclusion in the Select List of 1991, since on 1.7.1991 she was short of
the minimum eligibility service requirement of eight years by twelve days.
The respondent joined as Assistant on 13.7.1983 and as such she could not
be placed on the select list.
9. The Tribunal allowed the O.A. by its order dated 24.9.1999. In the
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said O.A. it was hold that the Department of Personnel and Training had
issued an Office Memorandum dated 19.7.1989 soon after the decision of
this Court in R. Prabha Devi and others vs. Government of
IndiaThrough Secretary, Ministry of Personnel and Training,
Administrative Reforms and others 1988(2) SCC 233 stating that where
the junior had completed the eligibility requirement of promotion then their
seniors will also be considered even if they have not completed the
eligibility period.
10. The appellant filed a writ petition before the Delhi High Court which
was dismissed and hence this appeal.
11. It may be noted that the respondent was offered appointment vide
letter dated 5.7.1983 which is after 1.7.1983 from which the eligibility was
to be counted. Hence, it is the Department which is to blame for sending the
letter offering appointment after 1.7.1983. In fact, some of the candidates
who were junior to the respondent were issued letters offering appointment
prior to 1.7.1983. Hence it was the Department which is to blame for this.
Moreover, in view of the Office Memorandum of the Department of
Personnel and Training dated 18.3.1988 and 19.7.1989 the respondent was
also to be considered, otherwise a very incongruous situation would arise
namely that the junior will be considered for promotion but the senior will
not.
12. In view of the above there is no merit in this appeal and it is
dismissed.