D.M. VASWANI Vs. UNION OF INDIA THROUGH SECRETARY, MINISTRY OF FINANCE GOVERNMENT OF INDIA, NEW DELHI AND OTHERS

JUDGEMENT

(1.) The petitioner, Shri D. M. Vaswani, filed this petition under Articles 226 and 227 of the Constitution of India challenging-

(2.) The respondents in the writ petition are (1) Union of India through Secretary, Ministry of Finance, Government of India; (2) Secretary, Central Board of Revenue (Indirect Taxation), Ministry of Finance, Government of India; and (3) Collector of Central Excise and Customs, New Delhi.

(3.) The petitioner joined the Central Excise Department on 14-1-1951 as Inspector of Central Excise. He was later confirmed in that post with effect from 14-1-1951. He was subsequently promoted to the selection grade of Inspectors from 29-5-1959 in the scale of Rs. 320-15-500--EB-25-575. He was confirmed as Inspector, Senior Grade, with effect from 29-5-1959. Thereafter, he was promoted to a permanent post of Deputy Superintendent of Central Excise on 11-6-1959 in the scale of Rs. 350-20-450-EB-25-575 after having been selected by a Departmental Promotion Committee. His seniority as Deputy Superintendent was fixed above one Shri S. S. Chawla, Deputy Superintendent, who was promoted on 27-4-1957. A copy of the order assigning the said seniority to the petitioner has been filed as Annexure 'A'. However, according to the counter-affidavit of Shri R. Prasad, Collector of Central Excise and Customs (Respondent No. 3), the petitioner was promoted only as officiating Deputy Superintendent, Central Excise, though the post of Deputy Superintendent was a permanent one. Also, according to the said counter-affidavit, the petitioner's case for confirmation was considered twice in the years 1964 and 1965, but he was not found fit for confirmation by the Departmental Promotion Committee. The petitioner continued to work as Deputy Superintendent for about 7, years i. e. from 11-6-1959 to 18-10-1967.