K C MEHROTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN 1962 the Government of India, in order to meet Chinese aggression, called upon its employees as well as employees of State Governments, Public Undertakings, Semi Government Organisations etc. to join the armed forces and in connection therewith issued various orders announcing several incentives to those who join the armed forces. Petitioner, who was in 1962 working as Higher Grade Assistant in Life Insurance Corporation of India (hereinafter referred to as the L.I.C.), also joined the army in pursuance of the Government policy, mentioned above, and was granted emergency commission. While Petitioner was serving in the army L.I.C. created certain posts of Junior Officers which were later on designated as Assistant Administrative Officer (hereinafter referred to as A.A.O.). One of the essential qualifications for promotion to the post of A.A.O. was minimum five -years service of Higher Grade Assistant. Petitioner was also called upon to appear in the interview, bat he could not appear before the interview board in view of absence of permission from the army. Petitioner accordingly made representations to the authorities of L.I.C. for permission to appear on subsequent dates. But these representations were rejected on the ground that as the appointment of A.A.O. were to be made immediately and as there was no likelihood of the Petitioner being relieved from army in near future the question of considering his case for promotion does not arise. In this connection the Petitioner made several representations subsequently, but without any result. The Petitioner was subsequently relieved from the army and joined LLC. Again On 30 -12 -1970 he was promoted to the post of A.A.O. The Petitioner made representations before the authorities for giving him promotion of A.A O. and seniority with effect from 20 -11 -1963. These representations having been rejected the Petitioner filed this writ petition for quashing the orders rejecting his representations and for promotion and seniority with effect from 20 -11 -63.

(2.) GOVERNMENT of India has issued orders from time to time in 1962 and 1963 regarding the incentives and conditions of service of those who join the armed forces in 1962 -63. These orders have been quoted by the Petitioner in para 21 of the writ petition and according to these orders the employees who have joined army in 1962 -63 have to retain their lien in their department and period of their military service shall be treated as service outside ordinary line for the purposes of Fundamental Rule 30(1), as a result of which these employees would be entitled to proforma promotion in parent department under next rules. Relevant extract from one of these orders is quoted below:

(3.) THE stand of L.I.C. is not justified as the orders, circulars and directions of the Government of India, mentioned before, had been made applicable to the employees of the Public Undertakings, Semi Government Organisations etc. In this connection reference may be made to the Government Orders dated 4 -12 -1962 and 20 -3 -1963, relevant extract from which is reproduced below: