S RAMASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) On February 7, 1959 the appellant, S. Ramaswamy, was appointed as an Assistant Development Officer in the Directorate General of Technical Development in the Ministry of Industry and Civil Supplies, Government of India. In 1964 he was appointed as a Development Officer on an ad hoc basis and that appointment was regularized in May, 1966. On December 1, 1966 the post of Officer on Special Duty was created in the Directorate in order to deal effectively with the development of agrobased food processing industries. The Director General (Technical Development) recommended the appellant for appointment to the post and in course of time the appointment was duly made.

(2.) In 1974 a question arose regarding promotion to the selection post of Industrial Adviser in the Directorate, Respondents 6 to 11 and some others who were working as Development Officers filed writ petition No. 612 of 1974 in the Delhi High Court asking that the Government of India be restrained from promoting the appellant to the post of Industrial Adviser and that their claims to the post be considered in preference to the appellant's claim. that petition was dismissed on September 17, 1975.

(3.) During the pendency of the writ petition filed by respondents 6 to 11, the appellant had made a representation to the Departmental Promotion Committee for considering his preferential claim to the post of Industrial Adviser. That Committee met on August 7, 1975 for proposing a panel of officers for being considered for appointment to the post of Industrial Adviser, but the appellant's representation was not placed before the Committee. The appellant made a further representation to the Government on August 18, 1975 complaining that though he was eligible for being appointed to the post of Industrial Adviser, his name was not included in the list of eligible officers which was forwarded to the Departmental Promotion Committee for due consideration for appointment to the post.