KAMAL MUKHARJI Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers in this Petition are-- (a) That the Respondents be restrained from giving effect to the non-statutory Rules of 1952 (Annexure A to the Petition) for recruitment to non-Gazetted posts in the Department of Commercial Intelligence and Statistics under the Union of India (Respondent No. 1) and the order at Annexure H, dated July 19, 1957, modifying the Rule (the reference in the Prayer clause of the Petitioner to Annexure G is wrong); and (b) That the Respondents be commended to promote the Petitioner to the post of Deputy Superintendent in that Department with effect from the year 1954.

(2.) The petitioner was initially appointed a Typist and confirmed as such in 1940. Later on, he was allowed to officiate as Lower Division Clerk and eventually the two posts of Typist and Lower Division. Clerk were merged and the petitioner was confirmed in the post of Lower Division Clerk from June 1, 1948 (para. 2 of the affidavit-in-opposition).

(3.) The petitioner says that he has additional qualification in Stenography and that in view thereof, the petitioner was allowed to officiate occasionally as an Upper Division Assistant as well as a Junior Stenographer, till November, 1951, when he was confirmed as Junior Stenographer.