T RANGAIAH Vs. COMMR OF I T

JUDGEMENT

(1.) This petition presented by a class IV employee of the Income-Tax Department seeking issue of writ of mandamus to the respondent directing him to promote the petitioner to the cadre of lower division clerk, came up for preliminary hearing on 9-12-1980. Having regard to the short question involved in the case, I directed Sri S. R. Rajasekharamurthy, the learned standing counsel for the Income-tax Department to take notice. Accordingly, the petition has come up for orders after notice to the respondents. By consent of both counsels the petition is taken up for final hearing.

(2.) The brief facts of the case are as follows: - The petitioner was holding the post of peon on substantive basis. Under the rules regulating promotion to the post of lower division clerk, in the Department of Income-tax, certain number of posts are reserved for being filled up by promotion from Clause-IV staff on the basis of their success in departmental examination conducted for the purpose The pettioner was allowed tq take the examination in November 1979. The results of the examination were announced as per memorandum dated 22-3-1980 (Annexure-C) . His name is included ft serial number-3. The grievance of the "petitioner is that in spite of his having secured higher rank in the examination, he has not been promoted, but persons who are below him in the list have been promoted His contention is, the denial of appointment is illegal and discriminatory.

(3.) The learned counsel appearing for the Income-tax Department submitted that though the petitioner was holding a post of peon earlier to August 1978, he had been appointed to the post of record keeper on 4-8-78 and according to the Rules of Recruitment record keepers were not eligible for promotion to the post of lower division clerk. He submitted that the authorities allowed the petitioner to appear for the examination with the hope that the posts of record keepers would also be included among the categories from which the promotion could be made to the posts of the lower division clerks and as it had not been so included the petitioner had not been given the promotion.