LAKHO MAL Vs. UOI

JUDGEMENT

(1.) This is a Petition under Article 226 of the Constitution of India claiming directions that the petitioner was promoted as Marketing Manager, Chief Marketing Manager, General Manager and Chief General Manager, in an Ad hoc manner without fixing the respondents' seniority and keeping his seniority influx in each post and at the same time promoting his juniors to higher posts. The petitioner also impugns the inaction of the respondents in not holding review DPCs, after granting him ante-dated seniority. The petitioner also claims to be aggrieved by the respondents' denial of promotion to him, to the post of Director and Chairman, Managing Director, State Trading Corporation (STC).

(2.) On 4.3.1972, STC advertised vacancies for Dy. Marketing Manager in the then pay-scale of Rs.740-1250 with the qualifications "experienced graduates with specialization in Economics or Statistics, etc," The posts were exclusively reserved for Scheduled Caste and Scheduled Tribe candidates. The Petitioner applied since he had experience and Master Degree in Maths with specialization in Statistics with 69% marks in Statistics in M.Sc. He appeared in interviews on 5.8.1972 and 12.10.1972. He was informed on 16.12.1972 by the STC that his name has been kept on panel in regard to the advertised post and that he would be called as and when need arose. Later, on 29.1.1973, the petitioner was appointed to a lower and unadvertised post of Grade II which he did not accept. It is claimed that he addressed several representations and the Commerce Ministry which advised STC to consider appointing the Petitioner on the advertised post in the original scale Rs.740-1250. No action was however taken, and the Petitioner joined as Deputy Marketing Manager-II (DDM-II) on 14.9.73 at revised scale of Rs.700-1250 with the basic pay of Rs.740/-.

(3.) The petitioner alleges that he detected and reported corrupt practices of double supplies of imported material valued at Rs.16 lakhs to 51 Businessmen and initiated action with the result that unlawful interest of 51 businessmen suffered heavily and officers of STC faced vigilance enquiry and punishment, on 25.3.1974. It is alleged that on 14/17.6.74 the STC Board selected the Petitioner again for Dy. Marketing Manager Grade-I post whereas Sh. I.D. Choudhary was rejected for DMM-I and was selected for lower post of DMM-II. However, before issuance of the promotional order, on 22.6.1974,a complaint was registered against him, on allegations of a businessman of the petitioner having accepted Rs.1000/- as illegal gratification. On 27.6.1974, the STC, without holding any enquiry terminated the services of the petitioner, and withheld the appointment for DMM-I post for which he had been earlier selected.