K R SUNDA Vs. B S MEHTA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dated 24th May, 1974 in Civil Writ Petition No. 1544/73 whereby the writ petition filed by respondent No. 1. was allowed and he was declared senior to both the appellants and the orders reverting him from the post of Assistant Director (Employment Exchanges) to the post of Sub-Regional Employment Officer were quashed.

(2.) The facts giving rise to the writ petition briefly stated are that respondent No. I, who was petitioner in the writ petition was selected for the post of Sub-Regional Employment Officer in 1950 in the Directorate General Resettlement & Employment, Ministry of Labour as a direct recruit by the Federal Public Service Commission (now Union Public Service Commission). He was reverted to the post of Assistant Employment Officer in 1951 and was re-appointed to the post of Sub-Regional Employment Officer with effect from 11th July, 1952.

(3.) In October, 1956 the employment service was decentralised and its day-to-day adminisiration was passed on to the State Governments. Respondent No. I was allocated to the State of Uttar Pradesh where he was working as Sub-Regional Employment Officer at the time of decentralisation. It will be relevant to mention here that at that time there was no cadre of Sub-Regional Employment Officer existing in the employment services under the Delhi Administration. These posts were being manned by afficers of equal status drawn from various States on deputation basis.