H K GUPTA SON OF SHRI R K DAS GUPTA AND Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANTS, Junior Engineers (JEs) in CPWD, seek re-calculation of vacancies w.e.f. 1.4.1999 to 31.3.2002 and consequent promotion as a result of Limited Departmental Competitive Examination (LDCE) 2002 in the additional vacancies so made available with declaration of result dated 17.3.2003.

(2.) Brief factual matrix transpires that applicants who are JEs (Civil) their next avenue for promotion as per Group 'B' Service Recruitment Rules, 1997 of Central Engineering Group 'B' is to the post of Assistant Engineer (Civil), which is filled 50% from seniority quota having 8 years' regular service as JE and 50% by LDCE to be conducted by CPWD. The LDCE conducted for the year 2000-2001 and 2001-2002 shown total 131 vacancies, out of which 58 to be filled in 2000-2001 and 73 in 2001-2002. Applicants, who appeared for LDCE 2002, of which result was declared on 17.3.2003 in which applicants secured 501 and 511 for the year 2000-2001 and 2001-2002 respectively and could not come within the zone of consideration. In OA-1357/2003 filed by one of Junior Engineers, namely, Vinod Garg, respondents have been directed to re-calculate the vacancies for the year 1999-2003 and to fill in LDCE of 2002. OA was allowed on 29.4.2004. As a compliance thereof, 22 more candidates on the basis of LDCE were promoted. However, applicants state that whereas the vacancies which have arisen additionally from the year 1999-2000 were 19, for 2000-2001 17, and for the year 2001-2002 being 46, total vacancies which would have come in the quota for applicants in the LDCE is 23 against 22 as per the order passed by the respondents on 16.9.2004. Accordingly, it is stated that another LDCE for 134 vacancies was declared but the examination has not taken place. Now the vacancies filled up out of LDCE are 61 for the year 2002-2003 and are to be filled up as a result of LDCE, 2002. In nutshell applicants seek implementation of decision in Vinod Garg's case (supra), where the following observations have been made:

(3.) WE have carefully considered the rival contentions of the parties and perused the material on record.