Delhi Jal Board (Djb) v. Govt. Of NCT Of Delhi & ORS

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5557/2016, Cav. 515/2016 & CM Nos. 23148-23149/2016 DELHI JAL BOARD (DJB) ..... Petitioner Through: Ms Sangeeta Bharti, Mr Aayush Chandra, Advs. with Mr Vikas Sharma, LDC and Mr A.K. Kaushik, Head Clerk.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr Puneet Singh & Ms Surabi Arora, Advs. for R-1.

Ms Jyoti Singh, Sr. Adv. with Mr Saurabh & Mr Amandeep Joshi, Advs. for R-2.

Ms Vertika Sharma, Adv. for R-3.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 03.06.2016 1.

Delhi Jal Board, by this writ petition impugns the order dated 10.05.2016 passed in OA No. 1236/2016. The impugn order allows the said OA filed by Mr Ram Kishan and directs that he would continue to hold the "look-after charge" of the post of Director (T&QC) in terms of letter dated 05.01.2015. The Tribunal has set aside the "look-after charge" of the post of Director (T&QC) given to Mr. R.P. Singh vide letter dated 28.03.2016.

2.

Both Mr Ram Kishan and Mr R.P. Singh are not qualified to hold the post of Director (T&QC) in terms of the extant recruitment

rules. Mr Ram Kishan is ineligible because he is not M.Sc. Mr R.P. Singh is ineligible as he does not have the requisite work experience. 3.

The petitioner herein i.e. Delhi Jal Board was aware of the said facts and had appointed and gave the "look-after charge" to Mr Ram Kishan vide letter dated 05.01.2015. The reason, as is apparent, was that Mr Ram Kishan was the senior most. During the course of arguments learned counsel for the petitioner has accepted that Mr Ram Kishan is senior to Mr R.P. Singh by about ten years. Mr Ram Kishan was promoted as a Chief Water Analyst on ad hoc basis in 2004 and on regular basis from [[16.05.2012. Mr R.P. Singh is an Asstt. Chief Water Analyst, a grade below the post of Chief Water Analyst. Mr R.P. Singh has been given "look-after charge" as a Chief Water Analyst. In other words, handing over "look-after charge" of the post of Director (T&QC) to Mr R.P. Singh, would imply that he would by-pass and jump the post of Chief Water Analyst, to which he is still to be promoted on regular basis.

4.

In view the aforesaid, we do not think that the impugned order of the Tribunal requires interference. The petition is, accordingly, dismissed.

SANJIV KHANNA, J NAJMI WAZIRI, J JUNE 03, 2016/kk