K C CHAKRABORTY Vs. ITPO

JUDGEMENT

(1.) The petitioner, who is employed with Indian Trade Promotion Organisation, is aggrieved by his non-regular isation to the post of Deputy General Manager to which post the petitioner was initially appointed on an ad-hoc basis.

(2.) On 14.10.1996 the petitioner was promoted to the post of Deputy General Manager on an ad-hoc basis. It is stated in the petition that a clear vacancy arose for the post on superannuation of one of the officers on 3.11.97 but the petitioner was not regularised. Thereafter another vacancy arose and in view of two clear vacancies a Departmental Promotion Committee( DPC ) was held on 12.5.98. Instead of the petitioner being regularised the DPC did not confirm the petitioner to the post of Deputy General Manager confirm the petitioner to the post of Deputy General Manager and persons junior to the petitioner were promoted.

(3.) The petitioner who has appeared in person contended that the bye-laws of the Trade Development Authority provide that the appointment to the post in a grade by promotion, whether substantive or officiating, is liable to be made from amongst the employees serving in the organisation eligible for promotion in terms of clause 3.4 of the said bye-laws. The petitioner further referred to clause 3.4(2) to submfit that the appointment to a selection post was liable to be made on the basis of merit, efficiency, past experience and, general suitability with due regard to the seniority and on the basis of the recommendations of the appropriate selection committee. For this purpose Confidential Reports of the officers for a period of 5 years preceding were to be taken as guiding factors.