UNION OF INDIA Vs. JASWANT RAJ SINGHVI

JUDGEMENT

(1.) THIS appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated October 31, 1985 of the learned Single Judge by which the writ petition filed by the petitioner -respondent was allowed in part. The petitioner has sought the following reliefs in the writ petition:

(2.) PETITIONER was appointed as Assistant Foreman in 1979 in the pay scale of Rs. 700 -900. The petitioner -respondent received appointment on promotion to the post of Foreman carrying the pay scale of Rs. 840 -1040 on July 31, 1979. This was the post which the petitioner held when the writ petition was filed on October 15, 1984. The service conditions of the petitioner are governed by the Defence Research Development Organisation (Junior Scientific Officer) Recruitment Rules, 1980 which will here in after be referred to as the Rules. Rule 5 of the Rules provides that the post of Junior Scientific Officer (JSO) shall be filled in according to the provisions which are contained in columns 5 to 13 of the Schedule appended to the Rules. This post has been classified as civilians in defence service as Group, B Gazetted non -ministerial post. It carries pay scale of 650 -1200. It is a selection post. This post can be filled in by promotion, transfer or deputation from amongst Senior Scientific Assistants, Chief Draftsman and Foreman with five years service in the respective grade rendered after appointment thereto on regular basis. The petitioner -respondent has produced a chart which is as under: Chart Showing the Scales, required Qualification for appointment and Line of promotion:

(3.) WE have heard Mr. J.P. Joshi learned Counsel for the appellants and Mr. M. Mridul for the respondent (caveator) and have further carefully considered the writ petition, reply thereto, the documents filed by the parties and the order under appeal.