P CHANDRASEKHARA PILLAI Vs. ACCOUNTANT-GENERAL

JUDGEMENT

(1.) THE appellants in these writ appeals were upper division clerks in the office of the Accountant-General. Twenty per cent of the posts of upper division clerks were placed in the senior grade ; and promotion to those posts was regulated by paragraph 224 of the Manual of Standing Orders relating to that office. There was a Commission of Enquiry on Emoluments and Conditions of Service of the Central Government Employees; and the Commission made certain recommendations in 1959. Ultimately, paragraph 224 of the manual was reconstructed. Ext. P6 in one of the writ petitions giving rise to these appeals gives the original paragraph 224 and paragraphs 224a and 224b, while Ext. P7 gives the reconstructed paragraph 224. The Accountant-General, the head of the office, and two senior officers, the Deputy Accountant-General and the Deputy Controller of Accounts, were constituted a Departmental Selection Committee; and the committee made the selection to these up-graded posts, wherein the appellants were not selected, since the selection was based on merit and not on mere seniority : others junior to the appellants were selected. The appellants filed writ petitions before This Court questioning the selection ; and a learned Judge has dismissed the writ petitions.

(2.) THE first respondent, the Accountant-General, has filed counter-affidavits in the writ petitions, wherein he has averred that these senior grade posts were selection grade posts and that the promotion thereto was by selection on the basis of merit, seniority being counted only for the purpose of ranking the persons selected. He has also averred that, in making the selection, factors like integrity, aptitude, etc. were also taken into account, in view of the fact that the selection grade clerks are to be entrusted with duties of a more responsible nature. It is further averred that the reconstruction of paragraph 224 of the manual has not effected any change in the position that existed previously.

(3.) THE counsel of the appellants have concentrated on the meaning of the expression "merit-cum-seniority" obtaining in the reconstructed paragraph 224. It is admitted by the counsel that these posts were selection grade posts under paragraph 224 as it originally stood, because paragraphs 224a and B indicate unequivocally that the selection should be by a Departmental Promotion Committee basing on merit. The entire argument, as already indicated, is that, under the reconstructed paragraph 224, these posts became non-selection grade posts, so that promotion to these posts should be on the basis of seniority and fitness of the personnel to hold the posts.