C RUTHNASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) The petitioner is aggrieved by the action of the respondent thereby not considering his candidature for the post of Vice President on the ground that he was not eligible. Therefore, the question which has been raised in this writ petition is whether the service rendered by the petitioner in officiating capacity as General Manager w.e.f. 10th September, 1992 should be counted or not for the purpose of eligibility.

(3.) In order to answer this question we may have few of the relevant facts in consideration. The petitioner joined as Deputy General Manager in the pay scale of the Rs. 3700-5700 on 1st December, 1984 with the Indian Tourism Development Corporation Ltd. (hereinafter called the Corporation). He completed five years serviceas Deputy General Manager on 1st December, 1989. He thus became eligible and fulfilled the required eligibility criteria for promotion to the post of General Manager. On 10th September, 1992 the Corporation appointed him as General Manager on officiating basis. The petitioner continued to officiate as General Manager against the vacant post without any interruption. Ultimately in February, 1996, the respondent Corporation promoted him on regular basis against that very post of General Manager in the pay scale of Rs. 4500-5700 (CDA). On 22nd November, 1996 the respondent Corporation issued a circular calling applications for the post of Vice President in intergrated Management cadre. Petitioner applied for the same on 9th December, 1996. He was not called for the interview. But other persons were interviewed on 25th July, 1997. On coming to know that he had been ignored for consideration he made representation on 26th July, 1997. He was informed that his tenure as officiating General Manager could not be considered for eligibility criteria and hence he was not called for interview. It is in this background that he approached this Court.