V G PATWARDHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment in Civil Writ No. 1372 of 1984, decided on 19th February, 1985, whereby the appellant's Writ Petition under Article 226 of the Constitution seeking a writ to strike down the promotion of Shri P.D. Gujarati, respondent No. 4, to the grade of Chief Surveyour of Works was dismissed.

(2.) In order to understand the case of the appellant, it is necessary to set out a few introductory facts. The post of Chief Surveyour of Works is a selection post which is filled by promotion. This is provided by the Miltary Engineer Services (Surveyour Cadre) Recruitment Rules, 1975. Promotions are made from the post of Superintending Surveyour of Works and Superintendent Technical Examiner. The persons eligible are those who have had five years service on a regular basis. The selection is by a Departmental Promotion Committee. There was only one post of Chief Surveyour of Works. However, the Government of India had decided to set up another organisation, called the Chief Technical Examinner's Organisation some time in 1982. So, the Union Public Service Commission was informed that there were two vacancies and recommendations were sought from th e Departmental Promotion Committee. The reason for the second vacancy was the establishment of the new Organisation. The two vacancies were described as being one which would exist with effect from 16th June, 1982, and one which would arise on 1st September, 1983, on the retirement of Shri A. Mitra, who was at that time holding the post of Chief Surveyour of Works.

(3.) As a result of the requisition to fill up two vacancies, there was a selection held by the Departmental Promotion Committee, which led to the selection of Shri P.D. Gujarati for the first post and the petitioner, Shri V.G. Patrdhan for the second post. According to the case of the petioner, there was only one clear vacancy being the one in the newly created organisation, so there was an illegal selection resulting in the appointment of Shri Gujarati.