RAM GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking to quash the list of. appointment of Superintend ents Class II Gazetted (annexure 'C') prepared by respondents 1 to 3 in pursuance of Rule 9(3) (a) of the Armed Forces Headquarters Civil Service Rules, 1968, (hereinafter called the Rules) and also asking for a mandamus directing the respondents i.e. Union of India and Depart- mental Promotion Committee respondents I and 2 respectively, to fill the post of the Superintendent of the Service by departmental candidates holding appointments in the existing grades by screening them for such initial appointment afresh. The petition also seeks to strike off Regulation 4(4) of the Armed Forces Headquarters Civil Services (Promotion to grades of Senior Civilian Staff Officers, Civilian Staff Officers. and Superintendent) Regulations, 1968, (hereinafter called the Regulations) as ultra vires of Articles. 14& 16 of the Constitution and the Rules.

(2.) Prior to 1st March, 1968, the petitioner was a holder of a permanent post of Superintendent (Class II non-gazetted) in the Armed Forces Headquarters and Inter Service Organisations. The said service was not a formally constituted service and was composed of the grades. classification and designation as follows:- <FRM>JUDGEMENT_446_ILR(DEL)1_1972Html1.htm</FRM>

(3.) On 1-4-1968, the Government of India in exercise of power conferred by proviso to Article 309 of the Constitution promulgated the Rules which came into force on 1-3-1968. Under Rule, 3 of the Rules. the service known as the Armed Forces Headquarters Civil Service was created consisting of four grades. By Rule 17 the scale of pay attached to various grades of service was fixed. The grades, classification and pay arc as follows :- The posts in the grades of Senior Civilian Staff Officer, Civilian Staff Officer and the Superintendent were made gazetted posts and those in the grade of Assistant were designated as non-gazetted posts.