BANARASI RAM Vs. INDIA TRADE PROMOTION ORGANIZATION
HIGH COURT OF DELHI
INDIA TRADE PROMOTION ORGANIZATION
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(1.) The impugned judgment and order leading to the filing of the present appeal
was passed by the learned Single Judge in the writ petition filed by the
appellant and registered as CW No.4080/1990. The said writ petition was filed
by the appellant for the following reliefs:
(A) issue a writ in the nature of mandamus commanding the respondent to
correct the seniority of the petitioner, viz. a viz. to the respondent No.3 to
(B) issue an appropriate writ for setting aside the order dated
26.10.1990, whereby respondent No.3 has promoted to the post of Dy. Manager,
copy of which is annexed herewith as annexure G
(C) issue an appropriate writ commanding the respondent to promote the
petitioner to the post of Dy. Manager with effect from 1984.
(D) ... .... ... ... ... ...
(2.) The appellant was earlier working in the Third Asian International Trade Fair,
which was commonly known as Asia 1972 where he was appointed as Field Assistant
in the year 1972. After Asia 72 was over, on compassionate grounds several
persons who were working in Asia 72 were appointed in Export Inspection Council.
The appellant was appointed as Office Assistant w.e.f. 25th March, 1975 in
Export Inspection Council. After formation of Trade Fair Authority of India and
as new staff was required, the retrenched employees who had been appointed in
Export Inspection Council were given option to take up employment in Trade Fair
Authority of India. The appellant was appointed as Investigator on temporary
basis in the pay scale of Rs.425-700 in the Trade Fair Authority of India under
an order dated 30.9.1977 on the terms and conditions specifically mentioned in
the said order.
(3.) The aforesaid order when perused would indicate that the same was an order of
fresh appointment of the appellant as Investigator on the basic pay of Rs.425/-
in the aforesaid scale of pay with a stipulation that he would also be on
probation for a period of one year from the date of appointment, which could be
extended or reduced at the discretion of the appointing authority. For all
practical purposes the aforesaid order of appointment was a fresh appointment
and it was not a case of deputation. The appellant accepted the aforesaid offer
along with the terms and conditions stipulated therein and reported for duty in
the Trade Fair Authority of India on 3rd October, 1977. The appellant on a
subsequent stage and to be specific on 24th August, 1981 was dismissed from
service. He, however, came to be reinstated by an order passed on 23rd April,
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