UNION OF INDIA Vs. SURENDRA MOHAN ARORA

JUDGEMENT

(1.) Leave granted.

(2.) During the period of 1962 to 1966, a number of diploma-holders and science graduates were appointed in the various Ordnance factories. The service conditions of those were governed by Indian Ordinance Factories Recruitment and Conditions of Service (Class III) Personnel Rules, 1956. On 6/11/1962, acircular was issued that all diploma-holders who were appointed as Supervisors 'b', on completion of one year service in the grade, will be entitled to be promoted as Supervisor 'a'. After satisfactory completion of two years of service, they will be eligible for promotion to the grade post of Chargeman Grade-11. Another circular was issued on 11/3/1963 in which the decision was taken to appoint all diploma-holders working as Supervisor 'b', as Supervisor 'a' irrespective of completion of one year service as Supervisor 'b'. The fresh recruits from 11/3/1963 were also appointed straightway as Supervisor Grade 'a' by circulars dated 28-12-1965 and 20/1/1966. It was decided that in future promotion of Supervisor Grade 'a' to Chargeman Grade-11 and further promotion will be effected in accordance with the Recruitment Rules only after completion of three years' service as Supervisor Grade 'a'.

(3.) This requirement was questioned by many persons in writ petitions before the High courts of Allahabad and Madhya Pradesh urging that on completion of two years' service as Supervisor 'a' they should be automatically promoted as Chargeman Grade-11. Those writ petitions came to be dismissed both by the High court of Madhya Pradesh as well as by the High court of Allahabad.