M.L. Bhat, N.B. Asthana, JJ. - (1.) Petitioner seeks a writ of certiorari quashing the order dated 20-6-1984 so far as it relates to the allotment of year of regularisation to him. He seeks a further writ of mandamus to prepare a fresh list of regularisation in accordance with law regularising the petitioner as A.R.T.O. from the date of his ad hoc appointment and treat his allotment year as 1980-81. A writ of certiorari is prayed for quashing the order dated 24-1-1989 passed by Respondent No. 2 which is also said to have violated the rights of the petitioner.
(2.) The facts giving rise to filing of this writ petition are briefly summarised ; The petitioner was appointed initially in the year 1978 as Tax Officer/Goods Tax Officer. On 9-12-1980, petitioner was promoted to the post of A.R.T.O. on ad hoc basis. For promoting petitioner to the post of A.R.T.O. there were no rules framed under the service rules however. Government orders issued from time to time would govern the promotion of A.R.T.O.
(3.) On 27-10-1967, by a Government Order, posts of A.R.T.Os. were filed by direct recruits and by departmental candidates. 75 per cent seats were reserved for direct recruits and 25 per cent for promotees. Thereafter, by subsequent Government Orders this ratio seems to have been diluted from time to time In the 1967 Government Order there was another eligibility criteria which required that for being promoted to the post of A.R.T.O. promotee must have 5 years experience as Tax Officer/Goods Tax Officer. However, in the subsequent notification issued by the Government this requirement of experience was dispensed with. The first notification in this regard is notification dated 30th of September, 1976. However, departmental quota and direct recruitment quota kept or varying from time to time In subsequent notifications the 5 years experience criteria was omitted. The final notification the Government has issued in this regard required 30 per cent posts to be reserved for P.C.S. candidates, 30 per cent for direct recruits and 40 per cent for promoters. The 5 years experience as laid down in Government Order of 1967 was altogether abolished.;