Than Singh Sharma v. Govt. of NCT of Delhi and Ors

order as to costs. S. RAVINDRA BHAT (JUDGE) VIPIN SANGHI (JUDGE) OCTOBER 14, 2014

Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22.09.2014 Pronounced on: 14.10.2014 + DR. THAN SINGH SHARMA .....Petitioner Through: Ms. Amita Kalkal Chaudhary and Ms. Aditi Gupta, Advocates. Versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Ms. Noornisha, Advocate, for Resp. No.5. Sh. S.K. Gupta, Advocate, for Resp. Nos. 8 and 10. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT % 1. This Petition challenges an order of the Central Administrative Tribunal (CAT) dated 14.07.2010 in OA 1022/2010. The CAT allowed the claim of the applicants there (hereafter "private respondents"), that they were entitled to seniority over the Petitioners, in the cadre of Divisional Officer, Delhi Fire Service. 2. The question involved for decision by the Court is whether the benefit of seniority can be given where retrospective promotion on notional basis is given to an official. The private respondents Page 2 approached CAT challenging the seniority list of Divisional Officers in the Delhi Fire Service (DFS), issued by the Home Department of Government of NCT of Delhi (GNCTD) on 22.3.2010. That list showed 24.5.2005 as the date of promotion to the post of Divisional Officer. The first applicant had been given notional promotion to the grade from 1.11.2001, and the second applicant was given the notional promotion to the same grade with effect from 24.5.2003. When they had joined DFS, the service was under the administrative control of the erstwhile Municipal Corporation of Delhi (MCD). Promotions were regulated by the rules and regulations framed by the MCD. The control of the DFS was transferred to the GNCTD with effect from 10.11.1994. Before that, the private respondents, who were working as Station Officers in DFS, were entrusted current duty charge of the post of Assistant Divisional Officer (Fire) ("ADOs"). GNCTD later notified the recruitment rules in respect of ADOs as well as Divisional Officer (DO), in September, 1998. A Departmental Promotion Committee (DPC) had to necessarily be convened for promotion from the feeder post on the basis of year-wise vacancies. Since this step was not taken, the first private respondent (first applicant) and some others from DFS approached CAT in O.A. No. 562/2001 and other connected proceedings. During the pendency of these proceedings, the official Respondents convened the meeting of DPC in February, 2002 and on its recommendations, both the Applicants (private respondents) were promoted as ADOs with effect from 1.4.2002. O.A. No. 562/2001 was decided on 25.9.2002, when the following directions were given: Page 3 "5. Therefore, the O.A. 562/2001 succeeds and is accordingly allowed in Part. Respondents are directed to hold review DPCs of the concerned eligible officers for promotion to the post of ADOs (Fire) in continuation of the aforesaid order issued by them dated 1.4.2002 for vacancies arising year wise, in accordance with relevant rules and instructions. This shall be done within four months from the date of receipt of copy of this order with intimation to the Applicants. Accordingly, in the facts and circumstances of the case, all the eligible officers who are found fit for promotion to the post of ADOs by the review DPC shall be entitled to all consequential benefits, including differences of pay and allowances in the higher post from the due dates, in accordance with law." In R.A. No. 290/2002, filed by the first applicant (private respondent) and three others, resulted in addition of the following directions to the order in O.A. No. 562/2001: "Accordingly, the Respondents shall also re-consider the claims of the eligible applicant (s) in accordance with law with regard to the promotion to the post of Divisional Officers (Fire) – (DOs- Fire) having regard to the aforesaid observations and pass appropriate orders." 3. This Court was approached against the order of CAT in OA 562/2001, through writ petition (W