Pratap Singh v. State of Delhi and Anr.

1. This case is on the Regular Board of this Court since 2.1.2013. Today the matter is effective item No.7 on the Regular Board. No one appears for the petitioner although it is 12.40 P.M.

2. By this writ petition, the petitioner prays for grant of promotion by the respondent No.2/Delhi Vidyut Board. The claim for promotion is on the basis of earlier services of the petitioner from the year 1973 to 1980 with the earlier employer namely Haryana Dairy Development Co-operative Federation. The petitioner joined the respondent No.2 as Peon in 1980.

3. Counter affidavit has been filed by the respondent No.2 in 2013:DHC:596 WP (C) No.3997 /1997 which it is stated that the petitioner cannot derive any benefits of service with the previous employer inasmuch as the appointment of the petitioner with the respondent No.2 was an independent appointment and not routed through the earlier employer. Reference is also made to the Government of India’s decision dated 31.3.1992 that those persons who while holding temporary posts under the State/Central Government apply directly without permission of the administrative authority concerned and resign their previous posts to join the next appointment under State/Central Government, they are not entitled to seek benefits of combined services.

4. In view of the above, there is no merit in the petition and the petitioner cannot be granted promotion inasmuch as his services with the previous employer from 1973 to 1980 cannot be counted. If the services are not counted, the petitioner will not be liable to promotion.

5. Writ petition is accordingly dismissed.

VALMIKI J. MEHTA, J FEBRUARY 05, 2013 Ne