SUBHASH SONA Vs. STATE OF M P

JUDGEMENT

(1.) As the question of fact and law involved in this batch of three writ petitions is common, they are being disposed of by this singular judgment.

(2.) In these writ petitions, the petitioners, Assistant Regional Transport Officers in the Transport Department of the State of Madhya Pradesh, have prayed for issue of a Writ of Mandamus declaring Rule 7 and corresponding Column 5 under Schedule-II of the M.P. Transport (Gazetted) Service Recruitment Rules, 1972 as ultra vires the Constitution of India and the Motor Vehicles Act, 1988 and consequentially to convene a Departmental Promotion Committee for their promotions to the posts of ATC/RTO/Additional RTOs. The petitioners have further prayed for a direction restraining the respondents from filling up the posts of the Regional Transport Officers by deputation/transfer from the members of the State Civil Services and any other cadre except that of Assistant Regional Transport Officers.

(3.) For the sake of convenience, the facts of the case are referred to from W.P. No.3428/2003. The petitioners initially entered into the services of the Transport Department as Transport Sub-Inspectors. Their services are governed by the M.P. Transport (Gazetted) Service Recruitment Rules, 1972. The channel of promotion from the post of Transport Sub-Inspectors is to the posts of Transport Inspector and then to the post of Assistant Regional Transport Officer. By virtue of the service rendered in the department the petitioners got their promotion as Assistant Regional Transport Officers. Prior to publication of the Gazette Notification dated 20.9.1999, Annexure P-3, the post of Assistant Regional Transport Officer was not a Gazetted Post. As per the channel of promotion, the petitioners are now to be promoted as Assistant Transport Commissioner (ATC), Regional Transport Officer (RTO) and Additional Regional Transport Officer, all these posts are treated as equivalent and carry a pay scale of Rs.6,500-10,500.