M. SITALAKSHMI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant joined the office of Regional Director (North), Government of India, Tourist Office, New Delhi as direct recruit Lower Division Clerk ( LDC for short) on 09.02.1992 while respondent No.4 had joined the same office on 07.07.1987 on ad hoc basis and was regularized w.e.f. 13.06.1988. In the seniority list of LDCs respondent No.4 was shown at serial No.5 while the appellant was at serial No.10. As per Recruitment Rules, an LDC was eligible for promotion to the post of Upper Division Clerk ( UDC for short) or Junior Stenographer; the post of UDC being a non-selection post to be filled by way of promotion from amongst the LDCs while that of Junior Stenographer was a selection post to be filled from amongst those LDCs who had rendered minimum period of three years and had qualified in the departmental examination in shorthand and typing test.

(3.) Pursuant to the Circular dated 28.05.1996 inviting applications from all eligible LDCs to participate in the departmental examination for filling a vacancy in the post of Junior Stenographer, the appellant applied and appeared in the examination. Having been found successful in the examination, she was promoted as Junior Stenographer against a regular vacancy vide order dated 10.09.1997 although her appointment was described as ad hoc . In the meanwhile respondent No.4 was also promoted as UDC against an ad hoc vacancy. The appellant's promotion to the post of Junior Stenographer was questioned by respondent No.4 as well as the Staff Association in OA No.226 of 1998 which was dismissed by the Central Administrative Tribunal vide order dated 26.05.1998 and the decision was affirmed by the High Court of Delhi by dismissing Writ Petition No.2529 of 2000, preferred by respondent No.4.