MAJ GEN DR B C ROY Vs. UOI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.01.2002 of the learned Single Judge dismissing the appellant's writ petition CW 7013 of 2001. The writ petition challenged an Office Memorandum dated 6.06.2001 issued by the Government of India, Department of Science and Technology, inviting applications for appointment to the post of Surveyor General of India, Dehradun on deputation or on transfer basis. The petitioner also challenged the interview/selection that took place on 29.10.2001 for appointment to the said post and for a direction that the said post should be filled by promotion. Further the writ petition sought a declaration that the appellant was a substantive Senior Administrative Grade (SAG) Officer in regular post of Additional Surveyor General with equivalent regular army rank of Major General since 26.10.1995 (in supernumerary post for the periods 26.10.1995 to 6.07.1998) to date.

(2.) During the pendency of the writ petition, respondent No.5 Dr. Prithvish Nag was appointed as Surveyor General of India by notification dated 5.12.2001. Although Dr. Nag was arrayed as respondent No.5 in writ petition no relief as such was sought against him.

(3.) The learned Single Judge, by the impugned order while dismissing the writ petition found that the appellant herein had not been appointed in the post of Additional Surveyor General of India which was the feeder cadre for promotion to the post of Surveyor General of India. The learned Single Judge held that the appellant did not have the requisite number of years in the feeder grade apart from the fact that he was not appointed to the relevant grade to be considered for the post of Surveyor General of India. The learned Single Judge also noted that the appellant was to be superannuated on 30.06.2004