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Judgment
L. Narasimha Reddy, J
The applicant is holding the post of Senior Superintendent in the Department of Social Welfare under the Govt. of NCT of Delhi. Next promotion is
to the post of Joint Director. (Technical). It is stated that though the applicant became eligible to be promoted to the post in the year, 2017 and there
existed a clear vacancy, the respondents are not considering his case. Earlier, she filed OA No. 239/2020 ventilating her grievance. The OA was
disposed of on 28.01.2020 directing that the respondents shall take necessary steps and in case there exists any impediment for them to take such
steps, they shall indicate the reasons.
In compliance with the same, the respondents passed orders dated 16.03.2020 stating that the recruitment rules for the Post of Joint Director are in
the process of preparation and the proposal in this behalf was submitted to the Lieutenant Governor on 14.11.2019. It is also stated that the rules are
framed. This OA is filed challenging the said order. The applicant contends that a permanent employee cannot be deprived of his right of his
promotion for such a long time.
The respondents filed a counter affidavit reiterating the stand taken in the order dated 16.03.2020.
We heard Mr. Yogesh Sharma, learned counsel for the applicant and Mr. Amit Yadav and Mr. Hanu Bhaskar, learned counsel for the respondents.
The Post of Joint Director happens to be of much importance, for the department. For some reason or the other, the post was kept unfilled pending
finalisation of the recruitment rules. Even according to the respondents, the draft rules were submitted on 02.11.2007. It is just un-understandable as to
how the matter can be kept pending for such a long time. It only shows the lack of proper interest on the part of the administration.
We, therefore, dispose of the OA directing respondents No. 1 to 3, that the rules that are in place, shall be notified within a period of three months
from the date of receipt of a copy of this order subsequent to that, steps for promotion shall be taken within one month thereafter. In case there exists
any problem for the respondents they shall consider the feasibility of promoting the applicant on adhoc basis to the post of Joint Director (Technical).
There shall be no order as to costs.