S K MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Shri A.N. Tripathi, Senior Advocate assisted by Shri Arvind Kumar Mishra for the Petitioners. Shri Ajai Bhanot appears for the Respondents. Shri Pushpraj Singh appears for Respondent Nos. 5 and 8.

(2.) The 'Nehru Yuva Kendra' was launched as a part of Silver Jubilee celebrations of India in 1972. The scheme was initially implemented by the Ministry of Education. In 1987 'Nehru Yuva Kendra Sangathan', was launched as an autonomous body and was brought under Ministry of Youth Affairs and Sports in 1999. The Sangathan is registered as a Society under the Societies Registration Act in 1987. It is wholly controlled and funded by the Central Government and thus falls within the purview of Article 12 of the Constitution of India, amenable to a writ jurisdiction of the High Court.

(3.) The Petitioners were appointed as District Youth Coordinators. By this writ petition they have sought for quashing the adhoc promotions of 44 persons on 18.6.1999, on the post of Regional Coordinators recommended by the Departmental Promotion Committee (DPC) dated 9-12th October, 1998 based on seniority list of 1996, which was allegedly substituted/replaced by fresh draft seniority list dated 3.11.2000 on the basis of initial appointment in terms of the recruitment rules dated 5.3.1998. They have also prayed for treating them to be promoted on the post of Regional Coordinators w.e.f. 18.6.1999 when their juniors were given adhoc promotions and all consequential benefits. The writ petition was amended by the order of the Court dated 25.11.2008, for quashing the Office Order dated 26.8.2008 by which consequent to the sanction of 18 more Zonal Offices in addition to the existing Zonal Offices on 25.8.2008 (to be established in each State capital), the restructuring was made by doubling the existing Deputy Directors, who were relieved by the responsibilities as the Regional Coordinators with the abolition of regional offices and supporting staff was provided to them.