VINOD KRISHNA KAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is directed against the order of Delhi High Court dated January 13, 1983 in Civil Writ No. 1297 of 1980.

(2.) The petitioner was selected for the Indian Police Service in the open competitive examination held in 1955. He was given Rajasthan Cadre. He joined Government service on 25th October, 1956 and his All India seniority in the combined list of 1956 IPS batch is at No. 3. After initial service in the Rajasthan State Police and Delhi Police, the petitioner was inducted into the Intelligence Bureau, Ministry of Home Affairs,, Govt. of India, New Delhi in 1960. He continued to serve in the Intelligence Bureau on posts outside and within Delhi. He got the Selection Grade of the I.P.S. on 24th June, 1972. On 23rd January, 1973, the petitioner got the grade of Jt. Dy. Director/ Dy. Director, Intelligence Bureau (equivalent to Deputy Inspector General of Police - a selection post). According to the petitioner his service record has always been extremely bright and there is no adverse remark against him in his service record. In the year 1977, the petitioner was selected for the prestigious National Defence College, New Delhi and he successfully obtained the Graduateship from the aforesaid college. According to the petitioner he was given another prestigious assignment in 1979 details of which he is not free to disclose.

(3.) The case of the petitioner is that there were 336 posts of Joint Secretaries under the Govt. of India as on 1st June, 1980. These posts are in the pay scale of Rs. 2500-125/2-2750/ -. The posts of Joint Secretaries are ex cadre posts and appointments to the posts of Joint Secretaries are made from different sources, out of a panel of officers belonging to the Indian Administrative Service, Indian Police Service and other central services. According to the petitioner two posts of Joint Secretaries were to be filled in the Police Commission in 1980. The petitioner was empanelled in 1978 for appointment to the posts of Joint Secretaries. Respondent No. 4, Sh. Ved Prakash Marwah member of I.P.S. and respondent No. 5 Sh. Kailash Prakash member of Indian Postal Service were also put in the above panel. According to the petitioner both these officers were junior to the petitioner. It has been alleged that the above two posts of Joint Secretaries in the Police Commission were given to respondent Nos. 4 and 5 totally ignoring the claim of the petitioner. It has been alleged that the petitioner who was placed higher in merit and seniority throughout in comparison to respondents Nos. 4 and 5, was discriminated and was not considered for a higher post of Joint Secretary and appointments to such post was given to respondents Nos. 4 and 5 in violation of Arts. 14 and 16 of the Constitution. It has thus been contended by the petitioner that he was put to financial loss as well as in rank and status in comparison to respondents Nos. 4 and 5 who were junior to him.