S.C. Agrawal, J. - (1.) Leave granted.
(2.) These appeals relate to appointment on the post of General Manager in the U. P. State Tourism Development Corporation (hereinafter referred to as the Corporation) which is a company registered under the Companies Act and is an undertaking of the Government of Uttar Pradesh. The said appointment is governed by Rule 19 of the U. P. State Tourism Development Corporation Rules, 1981 (hereinafter referred to as the Rules). The post of General Manager is a class one post in the Corporation. I. B. Misra, respondent No. 1, joined the Corporation on the post of Manager Grade-II in 1978. In March, 1984 he was promoted as Manager Grade-I. He was selected for appointment on the post of Project Officer by the Corporation in 1989 but as he was not appointed on the said post he filed a Writ Petition No. 4733 of 1991 which is pending before the Lucknow Bench of the Allahabad High Court. While the said Writ Petition was pending a vacancy occurred on the post of General Manager in the Corporation and respondent No. 1 filed Writ Petition No. 677 of 1992 giving rise to these appeals in the Allahabad High Court, Lucknow Bench, wherein he prayed that direction, order or a writ of mandamus be issued directing the respondents in the said Writ Petition to hold selection for the said post of General Manager in accordance with the Rules. It appears that the said post of General Manager is being filled by having on deputation officers in the State services of the Government of Uttar Pradesh. The High Court by its judgment dated March 24, 1994 allowed the said Writ Petition filed by respondent No. 1 and issued a writ in the nature of mandamus commanding the respondents in the said Writ Petition to make selection on the post of General Manager in accordance with observations made in the said judgment within a period of four months and it was further directed that the deputation of the present incumbent holding the post of General Manager in the Corporation would come to an end after the expiry of four months. Review Petition filed by the appellant against the said judgment was dismissed by the High Court by order dated May 30, 1994. These appeals. have been filed by the appellant against the said orders dated March 24, 1994 and May 30, 1994 passed by the High Court.
(3.) The question arising for consideration in these appeals relates to the interpretation of Rule 19 of the Rules which reads as under :- "Rule 19. Sources of Recruitment : Appointment to various posts under the Corporation shall be made by the appointing authority by any one of the following methods :- (a) By direct recruitment. (b) By promotion of the Corporation employees through a departmental test or an interview or selection by any other manner prescribed by the Managing Director from time to time. (c) By deputation from Government or any other Central/State Corporation and other statutory body. (d) By employment on contract basis. (e) From any other source as approved by the Board. All class 1 posts in the Corporation shall be selection posts and will be filled by selection or by deputation. Such of those Corporation employees who are eligible in terms of qualifications, age and experience, may also compete for selection. Fifty percent of the class II posts will be tilled by open market selection and 50 per cent reserved for the employees of the Corporation. If however, it is found that sufficient number of employees are not available for filling in the quota by promotion on the basis of merit, the Corporation may, fill those posts also by open market selection. There will thus be no rigidity about quota for direct recruitment or by promotion and there will not be any accumulation or carry over to subsequent years. Promotions within the various posts falling under class III will be made fifty per cent by promotion from within the Corporation employees, provided, suitable candidates are available, and fifty per cent by promotion from open market selection. In all the cases of promotions the criteria of merit-cum-seniority for holding the higher posts will apply and no person shall have a right to be promoted on the basis of seniority alone. Class III posts at the lowest stage will be filled 15 per cent by promotion from Class IV provided suitable candidates with requisite qualifications are available from amongst the Class IV employees and rest by open market. The Corporation may fill these posts also by open market on the non availability of the sufficient number of employees of filling in the quota for promotion. Notwithstanding anything contained in the above rules regarding source of recruitment the Board will have full powers to modify the source of recruitment or the stipulated percentages for direct recruitment/promotion and the Boards decision shall, in such cases, be final." ;