SUNILKUMAR Vs. OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) This is an appeal against the judgment of the learned single Judge who had dismissed the writ petition filed by the appellants who were challenging the decision of respondent No. 1 in regarding the respondents No. 4, 5, 6 and 8 as being senior to the appellants.

(2.) Briefly stated, the facts are that in ONGC (respondent No. 1), there are 15 different disciplines categorised under three main headings of engineering, geoscience and administrative and other support services. In each such discipline, there are sub-divisions of Class-I, Class-II, Class-III and Class-IV. In the present case, we are concerned with the discipline of chemistry which falls under the category of geo-physics. The hierarchy of the post in chemistry department as per the Recruitment and Promotion Regulations, 1980, is as under :

(3.) These regulations came into effect on 25 April 1980. Prior to that date an advertisement for recruitment of direct recruits for the post of Chemists (E-1) has been issued in the year 1979. After the promulgation of the Rules of 1980, the candidates for the post of E-1 were selected and the selection committee recommended 74 persons to be suitable for appointment to E-1 post and 71 persons suitable for appointment to E-0 post. Out of the said 74 persons, those at serial No. 1 to 49 were appointed as Chemists. Due to non-availability of E-1 posts, the other persons on the select list could not be appointed. At that time, there were large number of vacant posts in E-0 category and the department candidates who were duly qualified for a promotion were not available. The Commission accordingly decided, apparently in exercise of the power to relax the recruitment rules, to fill-up the vacant E-0 posts from amongst these candidates who had been selected. Accordingly, 25 persons from the E-1 select list (from serial No. 50 to 74) and 71 persons (including respondents No. 4 to 6 and 8) were appointed to E-0 post. The appointments were made after these candidates had been offered that they could be appointed at E- 0 level and it is only after they had accepted this offer that their appointments were notified.