ORDER
Chitra Chopra, Member (A)
1. This application has been filed by Smt. Kusum Lata Singh seeking direction for her promotion to the post of Superintendent (Legal) with retrospective effect. She was promoted vide order dated 27.8.2003 (Annexure A/2) to the post of Superintendent (Legal) on regular basis but claims that as SC vacancies in the post of Superintendent (Legal) were lying vacant since 1997, she should have been promoted w.e.f. 1997.
2. The facts of the case are briefly as under:
The applicant was initially appointed as Assistant (Legal) through U.P.S.C. in the Department of Legal Affairs, Government of India w.e.f. 28.2.1992. She hails from SC community and was therefore entitled for all the benefits for reserved post. It has been further submitted that as per channel of promotion the applicant was due for promotion to the post of Superintendent (Legal) after completion of 5 years service i.e. w.e.f. 28.2.1997. However, in spite of vacant posts, she was promoted only on ad-hoc basis w.e.f. 9.5.2000.
The applicant made representation dated 29.1.2002 (Annexure A/6) for her promotion in preference to junior persons as the department promoted her junior, namely, Sh. Birsing Majhi. Her representation dated 29.1.2002 (Annexure A/6) was rejected vide Memo dated 28.2.2002 (Annexure A/5). Similarly, other persons like Sh. P.K. Shah were also promoted to the post of Assistant Legal Advisor. She was subsequently promoted to the post of Superintendent on regular basis w.e.f. 27.8.2003 (Annexure A/2). She has prayed that the respondents be directed to treat her as regularly promoted to the post of Superintendent w.e.f. 9.5.2000 i.e. date of her ad-hoc promotion.
3. We have heard the contentions put forth by learned Counsel for the applicant Shri Yogesh Sharma and also perused the documents and material placed on record.
4. It is admitted factual position that the applicant, along with three other persons, were appointed to officiate as Superintendent (Legal) on ad-hoc basis in the Department of Legal Affairs for a period of six months w.e.f. 9.5.2000 or till the vacancies in the grade are available, whichever is earlier vide order dated 9.5.2000 (Annexure A/3). It has also been stated in Para-2 of the aforesaid order that the ad-hoc appointment will not bestow on them any claim for regular appointment in the grade and the services rendered by them on ad-hoc basis in the grade of Superintendent (Legal) will not count for the purposes of seniority in the grade or for promotion to the next higher grade.
5. We have seen the reply dated 28.2.2002 (Annexure A/5) given by the respondent department (Deptt. of Legal Affairs) to the applicant in response to her representation. It has been clarified that out of the four vacancies in the grade of Superintendent (Legal), which were required to be filled up by promotion, one vacancy was reserved for ST and the remaining were unreserved. Sh. Birsing Majhi, who was the only eligible ST official in the zone of consideration was promoted against the vacancy reserved for ST candidate. It is clear that neither there was any vacancy to be filled up by SC candidate. As regards the other person, namely, Sh. P.K. Saha mentioned in 4.11 of the O.A., a perusal of the seniority list of Assistant (Legal) shows that Sh. P.K. Saha figures way above Smt. Kusum Lata Singh in the list. His date of appointment in the post of Assistant (Legal) is 16.12.1982 whereas she is appointed as Assistant (Legal) on 28.2.1992. It is also clear that being senior to her, he would invariably be promoted before her against unreserved vacancy.
6. In view of the factual position as detailed above, it is apparent that no injustice whatsoever has been meted out to the applicant. It is settled law that an employee has a right for consideration but not for promotion. It is also settled position that mere availability of vacancy cannot confer any right for promotion. Filling up of vacancy or a post is based on and contingent upon administrative requirements and exigencies and cannot confer a claim for promotion.
7. Finding no merit in the prayer of the applicant, the present O.A. is dismissed at the admission stage itself.