Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to an order passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh on 30.03.2010 whereby, an original application filed by the petitioner claiming promotion to the post of Operator Grade -II remained unsuccessful.
(2.) THE petitioner was appointed as Trade Mate (A.C.) on 5.6.1990 by way of direct recruitment. The next promotion from the post of Trade Mate is to the post of Operator Grade -II. The rules for promotion to the post of Operator Grade -II were finalised in the year 2007 called "Engineering Department, Project Public Health Service, Union Territory, Chandigarh, Group C, Posts of field Staff, Recruitment Rules, 2007 (for short, 'Recruitment Rules of 2007)". The cadre strength of Operator Grade -II (A.C) is 21. As per the Recruitment Rules of 2007, 20% posts are to be filled up by promotion and 80% by direct recruitment. The representation of the petitioner for promotion was declined on 17.01.2008 Annexure P/8 inter alia on the ground that at present 07 Operator Grade -II (A.C.) (promotee quota) are working against the 21 sanctioned posts of A.C. which are excess, as, only 04 posts goes to promotee quota. The grievance of the petitioner is that a vacancy arose in the category of Operator Grade -II in the year 2003 when Ashok Kumar was promoted and, therefore, resultant vacancy should be filled up by promotion from amongst the Trade Mate (A.C). Since the petitioner is senior most, he is entitled to be promoted against the vacancy arose after the promotion of Ashok Kumar. It is pointed out that in the year 2003, the draft Recruitment Rules were being followed which provided 50% quota for promotion and direct recruitment each.
(3.) THE application has been dismissed by the Tribunal holding that the post vacated by Ashok Kumar was meant for direct quota as he was directly appointed as Operator Grade -II and was promoted as Operator Grade -I w.e.f. 14.5.2003, therefore, the petitioner cannot stake his claim against this vacancy.;