B N SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Civil Appeal No. 4610 of 1992.

(2.) The cost of Chief Engineer (Civil) Level II in the Civil Construction Wing of All India Radio was created on 28th August, 1986. At the time of the creation of post, there were no Recruitment Rules. Consequently, the Government of India referred the matter to the Union Public Service Commission for its advice as to the mode and manner for making appointment to that cost. The Commission, by its letter dated 9th September, 1988 advised that, till the Recruitment Rules are made, appointment on the post of Chief Engineer (Civil) Level II may be made by the composite method, namely, by promotion from amongst the suitable departmental candidates and if a suitable departmental candidate was not available, the post could be filled up by transfer on deputation.

(3.) In pursuance of the advice tendered by the Commission, an advertisement was made on 11th October, 1988 inviting applications for appointment on this post. The advertisement brought forth several outsiders as also departmental candidates, including the appellant and respondent No. 4, who were interviewed by the Commission on 23rd July, 1990 and in the absence of a suitable departmntal candidate, the appellant was selected and appointed to the post which he joined on 27th August, 1990, on deputation from another department. It may be mentioned that the Recruitment Rules concerning the post in question were notified on 16th November, 1990.