S BHAGAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks a writ of certiorari to quash the office order dated October 12, 1970 appointing respondent No. 6 to officiate as U.D.C. and further seeks a direction to promote the petitioner in the 75 per cent quota for promotees on the basis of seniority subject to the rejection of unfit.

(2.) The facts are not in dispute. The petitioner was appointed as Lower Division Clerk with effect from 1st September, 1951 in the Government of India, Statistical Branch (Income-tax) as a temporary hand. He was declared quasi-permanent with effect from July 1, 1955. He was confirmed with effect from December 28, 1959. He has been officiating in leave vacancies as Upper Division Clerk. During the period 1st January, 1962 to 31st December, 1964 administrative instructions were operating relating to the promotion to the cadre of U.D.C. According to those executive instructions, 75 per cent promotions were to be made on the basis of seniority-cum-fitness and 25 per cent promotions on the basis of merit based on departmental examination for U.D.Cs. In 1964, a departmental examination for Lower Division Clerks for departmental promotion to Upper Division Clerks was held, but the petitioner did not appear. One Shri S. K. Nandi was promoted as Upper Division Clerk on 15 th May, 1963 and another named Shri Baljit Singh was promoted as U.D.C. on 15th May, 1963, both on the basis of seniority- cum-fitness against 75 per cent promotion quota. One more person could have been promoted against 75 per cent (quota) and one person could have been promoted on the basis of merit based on departmental examination for U.D.Cs., if there were four vacancies.

(3.) In exercise of the powers conferred by the Proviso to Article 309 of the Constitution and all other enabling powers', the President made and notified the Rules by notification dated December 29, 1964. The Rules were called the Directorate of Inspection (Research, Statistics and Publication) Class III and Class IV Posts (Rectuitment) Rules 1965 (for short Rules). The Rules were published in the Gazette of India dated January 9,1965. It was directed that the Rules came into force on the 1st day of January, 1965. The Rules applied to the posts specified in column I of the Schedule annexed thereto. The number, classifications to the post and the scale of pay attached thereto are specified in columns 2 to 4 of the said Schedule. The nature of the post, method of recruitment, age limit, qualifications and other matters connected therewith are directed to be those as specified in columns 3 to 12 of the Schedule. The disqualifications are mentioned in Rule 5. The part of the Schedule relevant for the disposal of this writ petition relates to the mechanical Section. Class III post relating to Upper Division Clerks. There are 16 posts. The post is a non- selection post. The method of recruitment laid down is: