R K TRIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question involved in the connected appeals relates to the seniority of the appellants, vis-a-vis. Respondents 6 to 11. The appellants and the said respondents were working as UDC/stenographers with the Director General of Supplies and Disposals, New Delhi.

(2.) The next higher post to which these persons could have been promoted to was that of Junior Progress Officers in the said Department. For recruitment to the said post statutory rules under proviso to Article 309 had been formulated in the year 1963. These Rules were amended on 14/7/1976 and as a result thereof the post of Junior Progress Officer was shown to be a selection post which was to be filled after a written competitive examination.

(3.) On 22/1/1980, a circular was issued inviting applications for preparation of panel of candidates for appointment as Junior Progress officers on ad hoc basis. In this circular it was stated that the Departmenthad taken steps to amend the existing Recruitment Rules so that the officials working at Headquarters and in the Regional Offices also became eligible for being considered for appointment to the post of Junior Progress Officers. Pending the consideration of this amendment this circular invited applications for appointment as JPOs only on ad hoc basis staling therein that it had been decided not to hold any test but the appointment would be made on the basis of length of service in the grade of UDC/stenographers subject to fitness. It appears that Respondents 6 to 11 had applied and vide letter dated 27/2/1980 Respondent 6 was appointed as a Junior Progress officer purely on ad hoc basis. This letter of appointment specifically states as follows: