P S RAO Vs. UNION GOVERNMENT

JUDGEMENT

(1.) Dr.P.S.Rao, the petitioner in this Writ Petition, holds the post of the Head of Utilisation Research, Forest Research Laboratory, Bangalore under the Union Government. Though differently worded, the prayer of the petitioner is for a direction to respondent No.1, the Union Government, to promote him to the post of Director of Biological Research with effect from 15-7-1964, the date from which Dr.A.Pumshotham respondent No.2 was appointed to the post of Director of Biological Research in the Forest Research Institute and College, Dehra Dun, if necessary, amending the Forest Research Institute and Colleges (Class I and II non-tenure posts) Recruitment Rules, 1966, framed by the President in exercise of his powers under the proviso to Art.309 of the Constitution of India.

(2.) The petitioner joined service as a Class II officer in the Chemistry and Minor Forest Products Branch of the Forest Research Institute and Colleges, Dehra Dun (hereafter referred to as the Institute) in March, 1945. It is not disputed that respondent No.2 was appointed to a similar post earlier than the petitioner. In the year 1960, the petitioner and respondent No.2 were holding the post of Senior Research Officers in the Selection Grade at the Institute at Dehra Dun. It is not disputed that respondent No.2 was senior to the petitioner in the cadre of Senior Research Officers in the Selection Grade.

(3.) In the year 1960, the post of Chief Research Officer at the Forest Laboratory, Bangalore was advertised for being filleld up, through the Union Public Service Commission by direct recruitment. The petitioner was selected and appointed to the said post in the scale of Rs.1000-1400 with effect from 30th November, 1960. The post of Chief Research Officer at the Forest Research Laboratory, Bangalore was re-designated as the post of the Head of Utilisation Research by the order of the Government of India dt.9th July, 1963. The scale of pay attached to the said post was also subsequently revised to the scale of Rs.1300-60-1600. The petitioner continues to hold the said post till today.