R VENKATESWARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the order and judgment dated 1st/2nd September 1982 passed by the learned Single Judge of this Court in Special Civil Application No. 2880 of 1980 whereby the petition filed by the present appellant,original-petitioner was dismissed.

(2.) The brief facts, giving rise to the present petition, are that the appellant having passed his BE (Civil) examination with higher Second Class in 1967 joined as an Apprentice Engineer in 1968 with M/s. Gammon India Limited. The appellant was appointed as Junior Engineer and posted at Bokaro Steel Plants and subsequently was selected as Junior Engineer (Civil) in the Public Works Department of the State of Karnataka at Bangalore in 1970.

(3.) The appellant, thereafter, had applied for being considered for the post of Engineer (SC) in the Department of Space (Civil Engineering Division) of the Indian Space Research Organisation (ISRO). The appellant was selected as Engineer (SC) and was given his posting on 15th May 1973 at Shri Harikota. The appellant had put in 5 years experience when he was selected as Engineer (SC) in the ISRO. He was confirmed as Engineer (SC) in June 1976. As per the promotion scheme in ISRO, a fresh recruitee, after he enters in service at the appropriate grade goes up and up upon gaining experience as prescribed provided he is not unfit. As per the promotion policy, it was not vacancy oriented and higher grade was given to the same person and the post also remained the same, the duties and responsibilities were also remained the same. As per the said scheme, a person with BE Degree with 3 years experience could be considered for the post of Engineer (SC) and he could be considered for the post of Engineer (SD) after 5 years of experience. The appellant became due for promotion to the post of Engineer (SD) after having completed 4 years of service in 1977. Still, however, the appellant was not sent for selection on 13th May 1977, 10th June 1978 and 19th March 1979 and he was sent for selection only in June 1979 and April 1980. The appellant was, however not selected and hence the appellant filed the abovereferred Special Civil Application challenging the action of the respondents in not granting the promotion which he was entitled to in law.