Decided on May 07,1982

T.N.SAXENA Appellant


Fazal Ali, J. - (1.) This appeal by special leave is directed against a judgment dated 18-5-1979 of the Allahabad High Court quashing the impugned seniority list dated 4-4-1977 issued by the Government of U. P. (hereinafter referred to as the 'Government') which resulted in the reversion of respondents 2 to 5 to lower posts.
(2.) The facts of the case lie within a narrow compass and, in our opinion, seem to be concluded by several decisions of this Court. Respondents 2 to 5 had passed the High School Examination and entered the service of the Government as Marketing Inspectors tinder the establishment of Food and Supplies Department on various dates and were later confirmed on these posts. In fact, to begin with, the Department itself was temporary but was later on made permanent. It may be stated here that the post of Marketing Inspector was exempted from the scope of the Public Service Commission. The next higher post in the hierarchy of the Department was that of Senior Marketing Inspector and previous to the year 1964 these posts were filled entirely by promotion from Marketing Inspectors. As respondents 2 to 5 were already confirmed in their original post of Marketing Inspector, they were promoted to the rank of Senior Marketing Inspectors with effect from Sept. 1964 and since then had been holding the post, until their further promotion as Deputy Marketing Regional Officers in June 1974.
(3.) It appears that right from 7-12-1944 up to Sept. 1964 the criteria for determining the seniority of the aforesaid employees was total length of service including identical and higher scale of pay. It is not disputed that respondents 2 to 5 fulfilled both the criteria mentioned above. Sometime, in 1964, however, the Government took a policy decision. that so far as the cadre of Senior Marketing Inspectors was concerned, the posts would be filled by two sources, viz., (1) promotion and (2) direct recruitment in the ratio of 50:50. As a result of this decision a very large number of posts were sanctioned to accommodate the direct recruits who were to be appointed through a competitive examination held by the Public Service Commission. The Government also ordered that henceforward the posts of Senior Marketing Inspectors should be brought within the purview of the Public Service Commission. We have mentioned this fact expressly because one of points that was raised before the High Court by the appellants was that respondents 2 to 5 had not been cleared by the Public Service Commission nor were their cases referred to it. Nothing much turns upon this point because it was not argued before us in the appeal Moreover, as respondents 2 to 5 were confirmed hands the question of taking the formal sanction of the Public Service Commission would be more or less inconsequential and could be given subsequently with retrospective effect. We might further state another undisputed fact - the posts of the Senior Marketing Inspector at the time of the new policy taken by the Government were increased and respondents 2 to 5 who had been promoted purely in the quota when the Government decided to recruit the other 50% by direct recruitment. This fact is rather important because it distinguishes the present case from some of the decisions of this Court on which heavy reliance had been placed by the counsel for the appellants.;

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