J P SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner, who at the time of filing of the present writ petition was an Assistant Director (Library) in the Indian Council of Historical Research (,,ICHR), Respondent No. 2, filed the writ petition on 2nd August 1999 praying that a direction should be issued to the Union of India through the Ministry of Human Resource Development (,,HRD Ministry), Respondent No. 1, and the ICHR to appoint the Petitioner to the vacant post of Deputy Director (Library) [,,DD (L)] in the ICHR and to quash the action of Respondent No. 2 ICHR in advertising the said post for direct recruitment.

(2.) THE Petitioner was appointed as a Library Assistant in the ICHR on 22nd February 1975 in the pay scale of Rs. 425-700/-. THE service conditions of the employees of the ICHR are governed by the ICHR Service Regulations, 1972 (as amended upto 1989). THE changes proposed to the regulations since then are still pending with the HRD Ministry for approval. In terms of the 1989 Regulations, there was a post of Librarian which was to be filled up by direct recruitment. One of the essential eligibility requirements was five years work experience in a reputed library. At the 20th meeting of the ICHR, the post of Librarian was re-designated as Assistant Director (Library) [,,AD (L)].

(3.) THE ICHR disputes that the Petitioner was deemed to have been appointed on a regular basis to the post of AD (L). It is submitted that he continued throughout on ad hoc basis. It is pointed out that the post of AD (L) could have been filled up only through direct recruitment for which five years work experience was an essential requirement. THE Petitioner was appointed on ad hoc basis as there was no channel of promotion from the post of SL & IA to the post of AD (L). He had only two years work experience in the post of SL & IA at the time he was appointed on an ad hoc basis to the post of AD (L). Secondly, with the surrender of the general category post of AD (L), there was no vacant post against which the Petitioner could be appointed. THE only vacant post of AD (L) was reserved for an ST candidate.