- (1.) THIS intra -court appeal is directed against the order dated 08.07.2010 whereby, learned Single Judge of this Court has allowed the writ petition (CWP No. 500/2000) filed by the respondent of this appeal, on his grievance against denial of promotion to the post of Superintendent, Electrical & Mechanical Grade -II (EM -II) in the vacancies pertaining to the year 1996.
(2.) THE learned Single Judge has granted relief to the respondent (writ -petitioner) in the following terms: - "Consequently, this writ petition is allowed and the respondents are directed to re -consider the case of the petitioner for promotion against the vacancies of Superintendent, Electrical and Mechanical Grade -II of the year 1996 for which the DPC was convened on 25.04.1997 vide Annex -P/8 by holding review DPC within a period of three months from today and as the petitioner deserves to be accorded said promotion from such year of vacancy against 10% quota of vacancies vide Annex -1, Notification with all consequential benefits, he may be given the said relief. No order as to costs." Briefly put, the relevant background aspects of the matter are that the respondent (writ -petitioner) was appointed in General Reserve Engineer Force ('GREF') as Radio Mechanic on 20.06.1989. He had undergone diploma course in Electrical and Mechanical Engineering from the College of Military Engineering (CMA), Pune from November 1993 to November 1995. As per the applicable revised Recruitment & Promotion Rules,10% of the vacancies for promotion to the post of Superintendent EM -II were to be filled in by promotion of Group 'C' employees in possession of diploma from CME, Pune with 5 years regular service in GREF. The relevant portion of the Rule reads as under: - "11 (c) ­ 10% vacancies by promotion of Group 'C' Employees in possession of Diploma Course in Electrical and Mechanical Engineer from College of Military Engineering Pune with 5 years regular service in the grade in General Reserve Engineer Force, failing which by promotion of personnel having qualifications as at (a) and (b) above."
(3.) WHEN the Departmental Promotion Committee ('DPC') met for consideration of the eligible candidates for promotion to the said post of Superintendent, EM -II on 25.04.1997, the case of the writ - petitioner was not considered for the alleged reason that only the personnel having seniority from 13.10.1988 were considered whereas he entered the service only on 20.06.1989.;