KHEM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India being placed before the Full Bench in view of the order of reference, dated 22-2-1972 passed by Deshpande and B.C. Misra JJ. The main question for consideration in this petition is whether the selection of 174 upper division clerks for temporary promotion us head clerks, grade II in the Army Ordnance Corps Record Offices made in February, 1970, could be validly suspended by the Government in May, 1970, and cancelled in August 1970 reverting these upper division clerks from the posts of head clerks, grade II, to their original posts of upper division clerks.

(2.) initially, the petition was filed by Khem Singh, petitioner alone against three respondents. Shri Krishan Lal, respondent No. 4. was on his application allowed to intervene. In the meantime in pursuance of the orders of respondents I and 2, fresh selection had been made. In the fresh selection, 116 upper division clerks were promoted as head clerks, grade II and were common to the first selection. Fifty-eight upper division clerks, who were promoted in view of the fresh selection were different- Shri S. P. Soni, one of the upper division clerks, who had been selected to the post of head clerk grade II in the fresh selction also applied to be added as party to the writ petition and also prayed that he may be impleaded and permitted to defend the case on behalf of persons who were similarly interested. He was allowed to join as a party by order of this Court dated 31st March, 1972. Both the petitioner and Shri S. P. Soni filed separate applications under Order 1 Rule 8 of the Code of Civil Procedure for leave of the Court to file a petition in a representative capacity and also to defend the petition in that capacity respectively. The petitioner was allowed to pursue the petition on behalf of 171 persons who had been sefcctcd for promotion in the first selection and S. P. Soni was allowed to defend the petition on behalf of another 89 persons vide orders of the Division Bench, dated 28th April, 1972 and 12th May, 1972.

(3.) In the writ petition it is averred that the petitioner was a confirmed upper division clerk and was at present working as head clerk, grade II, in the Ordnance Depot, Shakur Basti, Delhi, to which post the petitioner was promoted by order dated 16th February, 1970 with effect from 1st December, 1969. However, on a signal being received at the Ordance Depot, Shakurbasti, the promotion of all the upper division clerks to head clerk grade II post pending futher instructions, was ordered to be suspended, by order, dated 3rd August, 1970. The petitioner was also informed that since the promotion to the post of head clerk had been suspended, the concerned individuals are entitled to pay allowances as upper division clerk only from the date of the orders for suspension of the promotion and the effective date of suspension will be 18th May, 1970. Soon thereafter the petitioner received the formal order of supension of promtion, dated 13th August, 1970 with effect from 18th May, 1970 and consequently it was ordered that the petitioner and other similarly situated will be entitled to pay allowance as upper division clerk only from the date of the order for suspension of promotion. The petitioner made a representation, dated 24th September, 1970, against the suspension order and he was informed by reply, dated 27th November, 1970, sent by the Chief Records Officer, Officer-in-charge (respondent No. 3) that the suspension of promotions was ordered as per the instructions of the Direction of Ordinance Services, Army Headquarters (respondent No. 2) and the whole question is already under examination at the Army Headquarters and the decision arrived at will be communicated to the persons concerned. The petitioner was not satisfied by this reply and sent a legal notice, dated 18th December, 1970, through his counsel to respondents 1 to 3, claiming that the order of suspension of his promotion and other ancillary orders affecting his career be revoked.