T JAYAKUMAR Vs. GOVERNMENT OF INDIA NEW DELHI

JUDGEMENT

(1.) The appellants filed Writ Petition No. 1473 of 1992 seeking mandamus for a declaration that the Tobacco Board (Recruitment) Regulations, 1989, published on 22-9-1989 in so far as they fail to provide a channel of promotion to the category of Field Officers including a quota and rota as between the direct recruits and promotees is arbitrary and illegal and alternatively for declaration that the petitioners are to be considered for direct recruitment in August, 1984, along with the 24 direct recruitees to the category of Field Officers, with consequential seniority benefits.

(2.) The factual and legal environment:

(3.) At the hearing of the writ petition the petitioners contended that the direct recruitment to the post of Field Officers in August, 1984, where in respondents 3 to 23 were appointed, was arbitrary and productive of detriment to the career of the petitioners in the matter of their seniority. It was also contended that the promotion of the respondents 24 to 39 as Field officers along with the petitioners in December 1984, together with the action of placing the said respondents above the petitioners was an arbitrary and illegal act for the reason that the said respondents not being graduates in Agriculture were not qualified under the Draft Regulations for appointment as Junior Field Officers. The petitioners however, contended that their appointments in December, 1984, as Field officers albeit not having the requisite experience prescribed under the Draft Regulations, was valid since they belong to the reserved categories who were entitled to be promoted without such qualification. The petitioners also contended that the non-provision of a channel of promotion to the post of Field Officers in the 1989 approved Regulations together with the prescription of quota and rota to regulate the seniority as between the direct recruits and promotees is arbitrary and illegal.