Decided on August 10,2007

Banarasi Ram Appellant


- (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 9. (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, 1990.;

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