S KRISHNAMURTHY Vs. CHAIRMAN DEPARTMENTAL PROMOTION COMMITTEE III C/O INSPECTORATE OF GENERAL STORES CENTRAL INDIA KANPUR

JUDGEMENT

(1.) THESE appeals are directed against the common Judgment of Padma-nabhan, J. in Writ Petitions Nos.541, 10551 of 1981 and 6457 of 1982 dismissing the writ petitions with certain observations.

(2.) THE appellants joined the Defence Production Department as Viewers Grade C. Subsequently they were promoted as Viewers Grade B which was later re-designated as Examiners Grade II. In the category of Examiners, there were three grades, namely, (i) Examiners Grade II (ii) Examiners Grade I and (Hi) Selection Grade Examiners. THE promotional post for all the three categories of Examiners is the post of Supervisor Technical Grade III. THE selection for the said post is strictly by seniority among those who had passed a trade test in terms of S.R.O.No.109 of 1964 which has been framed under Article 309 of the Constitution of India. THE said S.R.O.No.109 of 1964, as amended from time to time, prescribes the method of filling up the vacancies in the post of Supervisor Technical Grade III (hereinafter referred to as the Supervisor Technical). It is said that a trade test was held in 1973 and the appellants had passed the test and their names were therefore included in the selection list. THEy were also appointed as Supervisor Technical with effect from 1.9.1973. While so, on the basis of an audit objection that all the appellants were holding their post as Supervisor Technical on ad hoc basis for a long time and that they should either be regularised in service or reverted to their substantive post the respondents attempted to revert the appellants to the Post of Examiner Grade II. It is at that stage, the appellants have come before this Court seeking a writ of mandamus directing the respondents not to revert them from the post of Supervisor Technical to their substantive post of Examiner Grade II.

(3.) THE writ petitions were resisted by the respondents herein on the following grounds. THE appellants were promoted as Supervisor Technical only on an ad hoc and temporary basis and that will not confer on them any right to the said post, that their appointment was not made on the basis of the panel as alleged by the appellants as the panel itself was finalised only long after their temporary promotion, that in view of the injunction order dated 4.11.1973 issued by the Allahabad High Court in W.P.No.4006 of 1973 filed by persons similar to the appellants forbearing the respondents from conducting the trade test for making the promotions, no regular promotions were made to the post of Supervisor Technical and the temporary appointments were continued and therefore, the appellants cannot seek regularisation of their temporary promotions and that regular promotions have to be made as per the rules, that though as the rules stood before 1975 the appellants could be considered for promotion in view of their inclusion in the panel they are not entitled now to be considered for promotion as the rules had been amended in 1975 removing the post of Examiner Grade II from the feeder categories for promotion to the post of Supervisor Technical.