ARUL ANAND Vs. OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) This appeal is by an unsuccessful petitioner who had challenged before the learned Single Judge the Memorandum-cum-Order, dated 17.7.1989, which held that since no junior person to the petitioner had joined, he would be deprived of the advantage of the consideration for promotion and the relaxation in the matter of experience.

(2.) The facts are peculiar. The petitioner was selected as Assistant Marine Radio Operater in the respondents organization. His pay scale was to be Rs.725-1480. After his selection as an Assistant Marine Radio Operator, he joined duty on 9.1.1985. There appears to be a policy decision taken by the General Manager, wherein it was considered that those employees in the pay scale of Rs.725-1480, who have put in a minimum of one year of service in that pay scale as on 31.12.1985, may be considered for appointment by selection to the post in the pay scale of Rs.1030-2000 in their respective disciplines with effect from 1.1.1986. This decision seems to have been taken on 3.1.1989 by which time the petitioner had already put in about four years of service.

(3.) There is a document on record, dated 17th February, 1989, in which a policy decision is taken regarding counting of qualifying service for the purpose of promotion in respect of the direct inductees, like the petitioner. It is noted therein that sometime persons are given offer of appointment against direct recruitment around December of a particular year and asked to join duty within 45 days from the date of receipt of the order. Some persons joined immediately before the end of December and some others in the month of January or February but, within 45 days. Now, those persons who joined after 31st December of that particular year are not able to complete one year of service by the close of 31st December of next year, because they have joined after 31st December in the previous year. A decision then taken that in case of the direct inductees, where such candidates are offered the post during the preceding year and if they joined within 45 days, as per the conditions of offer of appointment, relaxation in experience to the extent of maximum of 45 days may be allowed irrespective of the fact that they have joined in January/February of the next year. It is expressed in this communication as under. "4. .... However, those who join after 45 days and in whose seniority is lost due to late joining they will not be considered along with others unless they complete the minimum qualifying service laid down for promotion to the next grade." In short, a decision was taken to condone the loss upto 45 days where a candidate has been given an order earlier but has not joined by 31st of December and has chosen to join within 45 days as per the order but, beyond 31st December of that year. There is further a letter to be found, dated 28th March, 1989, which clarifies that the instructions in the 17th February, 1989 letter would be prospective. So far so good.