B L SHARMA Vs. D T C

JUDGEMENT

(1.) The short question for determination in this petition under Article 226 of the Constitution is whether the period of officiating promotion could be extended beyond the maximum period provided by the Rules/Standing Orders ?

(2.) The petitioner was appointed as Assistant Store-keeper w.e.f. 2-4-1962 with the erstwhile Delhi Transport Undertaking. The service conditions were governed by the Standing orders and the regulations framed under the Delhi Road Transport Authority Act, 1950 called as D.R.T.A. (Conditions of Appointment and Service) Regulations 1952. Procedure for recruitment to various posts was laid down in Regulation No. 5. In addition to the said procedure, under clause 5, the respondent had issued certain standing orders for recruitment and promotions. In the present case, the relevant memorandum is No. ADMI-2 (127)/58-Vol. IlI dated January 12, 1959. The relevant portions of the said memorandum/standing orders is, as under:

(3.) The aforesaid standing orders were re-iterated by another memorandum dated 30-3-1967 (annexure P7 to the petition). Clause 6 of the said memorandum is, as under :