VINOD MALHOTRA Vs. UOI

JUDGEMENT

(1.) Indian Trade Promotion Organization (ITPO) is an autonomous body fully funded and controlled by the Union of India. It has a hierarchical cadre structure. Instant writ petition concerns promotion to the post of Assistant Manager, and we note that as per the existing Recruitment Rules for the post of Assistant Manager, 1/3rd posts have to be filled up by direct recruitment and the remaining 2/3rd posts by promotion; and there are two channels of promotion. One channel is from the Secretarial Staff i.e. Senior Investigator. The other channel is from the Stenographer cadre i.e. Personal Assistant. As per clause-8 of the applicable Recruitment Rule, the method of recruitment is as under:-

(2.) And suffice would it be for us to note that 66 2/3% posts of Assistant Managers stand further bifurcated for being filled up by promotion. 50% to be filled up by Senior Investigator and the remaining 16 2/3% from amongst Personal Assistants. As regards Personal Assistants, the requirement for eligibility to be promoted was 4 years' service as Senior Assistant/Personal Assistant failing which 8 years' service as an Assistant/Stenographer. For Senior Investigators there was no such eligibility condition. However, both had to clear an in-house management test.

(3.) The service of the employees of ITPO was governed by "Trade Fair Authority of India Recruitment Rules, 1988". Rule 11 of the aforesaid rules provides for the promotions of the employees of ITPO.It reads as under :