B R DEWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) C.W.P. 1404183 under Article 226 of the Constitution of India challenges the act of the respondents in filling up the post of Director of Logistics Support in the Naval Headquarters from amongst the Service Officers of the Indian. Navy instead of from amongst the eligible Civilian Officers of Naval Stores Organisation under the Navy (Civilian Gazetted Stores Officers Posts) Recruitment Rules, 1979. Subsequent to the filling of the said petition the Government appointed Commodore Vasant Ganapath Rao, Hannovar as Director of Logistics Support. C.W.P. 2212/83 was then filed by the petitioners praying for a writ of quo-warranto against the respondents to show under what authority respondent No. 4 could be anointed to the post of Director of Logistics Support. This order will dispose of these two petitions.

(2.) In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of the Navy (Class I Gazetted Posts) Recruitment Rules, 1969, in so far as they relate to the posts of Director of Logistics Support, Joint Director, Navy Stores Organisation, Senior Naval Store Officer and Naval Store Officer and the Navy (Class II Gazetted Posts) Recruitment Rules, 1969, in so far as they relate to the post of Assistant Naval Store Officer, the President, by notification dated October 27, 1979 published in the Gazette of India dated November 10, 1979, made the rules regulating the method of recruitment in certain Civilian Gazetted Naval Stores Officers Posts in the Navy. These rules are called the 'Navy (Civilian Gazetted Stores Officers Posts) Recruitment Rules, 1979' (hereinafter referred to as the Rules). The Rules apply to the posts specified in column No. I of the Schedule annexed to the Rules. The number of posts, their qualifications and scales of pay attached thereto are so specified in columns 2 to 4 of the Schedule annexed. The method of recruitment, age limit, qualifications and other matters relating to the said posts are as specified in columns 5 to 13 of the Schedule aforesaid. Against the post of Director of Logistics Support, under column No. 2-'number of posts', it is mentioned as '1'. The classification is General Central Service, Group 'A' Gazetted and Non- Ministerial. It is a Selection post. The post is to be filled in by the method of promotion. The promotion is of a Joint Director Naval Stores Organisation with three years service in the grade rendered after appointment thereto on a. regular basis. The Selec- tion for promotion has to be made by Group 'A' Departmental Promotion Committee consisting of (1) UPSC Chairman) Member-Chairman; (2) Joint Secretary (Navy), Ministry of Defence-Member and (3) Assistant Chief of Personnel Naval Headquarters-Member.

(3.) The submission of Mr. P. P. Rao, the learned counsel for the petitioners is that the statutory recruitment Rules which have the force of an Act of Parliament, have laid down the only method of recruitment to one post of Director of Logistics Support as promotion on the basis of Selection made by a D.P.C. and also indicated the source of recruitment for promotion of Joint Director Naval Stores Organisation with three years service in the grade rendered after appointment thereto on a regular basis. The power given under a statute or Rules having the force of law ought to be exercised in the manner provided therein or not at all. All other methods of appointment are necessarily forbidden. Respondent No. 4 not being a Joint Director, Naval Stores Organisation, was not eligible to be considered for promotion to the post of the Director of Logistics Support. He did not possess the requisite qualifications for appointment even to the post of Joint Director, which is the only feeder post from which the promotion could be made. The contention is that it is not open to the Executive to appoint a Service Officer to a civilian post in General Central Service Group 'A' Gazetted and Non-Ministerial in violation of the provisions of the Rules.