Free Judgments

Devender Kumar vs Cmd Of M/S Delhi Transco Ltd on 21 July, 2015

CM No.12654/2015 (Delay in filing)
1. For the reasons stated in the application 60 days delay in filing the
appeal is condoned.
2. Application is disposed of.
CM No.12655/2015 (Delay in refiling)
1. For the reasons stated in the application 437 days delay in refiling the
appeal is condoned.
2. Application is disposed of.
LPA 462/2015
1. Aggrieved by the order dated November 13, 2013 whereby the writ
petition filed by the Appellant Devender Kumar seeking relief of being
promoted to the post of Junior Engineer (Electrical) w.e.f November 2000
was dismissed, the Appellant prefers the present appeal.
2. In the writ petition Devender Kumar pleaded that he joined as a ITI

Helper with erstwhile DESU/DVV on August 06, 1996 and was promoted
and transferred in the Protection Department after 15 months of his joining
as Junior Testator. The departmental promotion examination for the post of
Junior Engineer (Electrical) was conducted on April 22, 2001 and a list was
declared to promote five candidates by the Respondent on June 07, 2001
thereby promoting candidates at S.Nos.12 to 16; vide the second list three
candidates from S.Nos.17 to 19 were declared promoted on May 25, 2002
and vide the third list declared on October 29, 2003 one more candidate was
promoted at S.No.20. Thus according to Devender Kumar the list was kept
operational for two years six months for candidates who had qualified the
departmental test for promotion on April 22, 2001. Devender Kumar
appeared in the departmental examination for promotion on October 13,
2006 however, he was not given promotion though he secured 36 marks
more than the qualifying standard fixed by the department. Devender
Kumar expected that he would be considered for promotion in the next
vacancy which was to arise on May 21, 2009 however, he was not
considered. Despite vacancies being available the case of Devender Kumar
had not been considered for promotion and hence the writ petition. It is
stated that Devender Kumar belongs to schedule caste category and thus
infringing the departmental promotion quota rules promotions were made
and the Appellant was denied the benefit thereof.

Source: Indian Kanoon