U.C. Srivastava, J. - (1.) In these three connected writ petitions the main dispute regarding the entitlement to the promotional post of Additional Transport Commissioner (General) in the grade of Rs. 1800-2400 in the Transport Commissioner's Office which exists intact after transfer of entire Commercial wing known as Roadways in the U.P. Road Transport Corporation, hereinafter known as U.P.S.R.T.C. The question is whether the posts of Deputy Transport Commissioner referred to in Government Order, dated 11th September, 1984 from amongst whom the promotion is to be made includes the post of Deputy Transport Commissioner (Technical) which is a post within the purview of the Public Service Commission unlike the post of other Deputy Transport Commissioners which are promotional posts of Regional Transport Officers. The other question is whether an officer belonging to the wing which as a whole has been transferred to U.P.S.R.T.C. and whether a deputations till final absorption in the said Corporation after getting promotion in Corporation is transferred to an equivalent post within the purview of Public Service Commission temporarily in the Transport Commissioner's Office will amount to termination of deputation and repatriation to parent Department in a wing to which he never belonged. A subsidiary question which also arises in that whether after transfer such an officer is entitled to a higher promotional post in this wing. It is not in dispute that holders of the Office of Deputy Transport Commissioner (Technical) in the Transport Commissioner's Office notwithstanding the nature of their appointment would be and have been appointed to the higher post of Additional General Manager which is equivalent to the post of Additional Transport Commission (General). The appointment to the post of Additional Commissioner (General) is made in accordance with the Government Order, dated 17th September, 1984, copy of which has been annexed to some of the writ petitions. For the appointment of certain posts the following criteria and hierachy has been laid down in the said Government Order. JUDGEMENT_99_LAWS(ALL)8_19871.html
(2.) The selection is made for the above three posts in accordance with seniority subject to rejection of unfit and has to be made through the Selection Committee to be constituted in accordance with the provisions of the said Government Order. The channel of promotion indicates that the same is in the executive wing of the Transport Commissioner's Organisation and upto the post of Deputy Transport Commissioner, there appears to be no dispute. So far as this post in question is concerned, according to the petitioner the said Government Order clearly and specifically indicates that the Regional Transport Officer who has been promoted to the post of Deputy Transport Commissioner after completion of five years of service as such becomes entitled to the post of Additional Transport Commissioner and this channel of promotion excludes promotion from any other wing of the Transport Commissioner's Officers or any Deputy Transport Commissioner with a suffix like (Technical) does not find place in the Government Order and cannot be imported in it. The post of Additional Transport Commissioner was created in 1977 that is after enforcement of Road Corporation Act in 1972 and conversion of entire commercial wing that is Roadways wing into U.P. State Road Transport Corporation, a statutory Corporation, hereinafter known as U.P.S.R.T.C. by operation of law and the said J.S. Gupta also accepted the same and submitted to it and preferred to remain in service. The employees so transferred were to be treated on deputation with U.P.S.R.T.C. As entire wing stood transferred it was not open for these employees to get their deputation terminated and come back to the Transport Commissioner's organisation. The post which is centre of present dispute fell vacant in 1986 after retirement of one U.K. Singh who was promoted in 1986 and remained in office for few months. The contesting opposite party J.S. Gupta who was even then Deputy Transport Commissioner (Technical) was not considered for it and did not lay and claim for the paid post. Prior to the appointment of the said U.K. Singh who too rose to the post of Deputy Transport Commissioner from the cadre of Regional Transport Officer, his predecessors from the cadre of Regional Transport Officer, his predecessors from the very beginning were selected or appointed wherefrom the very same cadre that is Executive Branch of the Transport Commissioner's Office which remained unaffected by enforcement of Road Transport Corporation Act in 1972.
(3.) The post of Deputy Transport Commissioner (Technical) is a post in Transport Commissioner's organisation and is within the purview of U.P. Public Service Commission. In the past that is till the opposite party was not transferred to the said post from U.P.S.R.T.C the incumbents were either those who were selected by Public Service Commission or came on deputation from P.N.D. or U.P.S.R.T.C. The last incumbent to the post before posting of the said J.S. Gupta was one U.C. Sharma who was selected for the post by U.P. Public Service Commission and was declared permanent on the said post on 15-1-1974. He was sent on deputation to U.P.S.R.T.C. for a period of 5 years and there he was promoted to the post of Additional General Manager. It was because the said U.C. Sharma was sent on deputation to U.P.S.R.T.C., the opposite party J.S. Gupta was transferred to Transport Commissioner's Office in his place, which is evident from the order itself which is on record in which the word 'Isthantarit' (Transfer) has been used. In Para 6 of his writ petition (No. 1799 of 1984) he has stated that the petitioner was transferred on the post of Deputy Transport Commissioner (Technical), Lucknow, on which Mr. U.C. Sharma was working though elsewhere he stated that the same was repatriation to present department. His transfer was obviously by way of interim arrangement as he was neither sent on deputation which was not possible and nor was selected as such by Public Service Commission. Both the posts of Senior Mechanical Engineers held by J.S. Gupta in U.P.S.R.T.C. and that of Deputy Transport Commissioner (Technical) carried the same pay-scale. The Pay Commission subsequently recommended revision in pay scales. The pay scale of Deputy Transport Commissioner (Technical) was revised to Rs. 1540-2200 and that of Senior Mechanical Engineer to Rs. 1490-2150. It is after expiry of period of deputation the said Sri Sharma was directed to join his substantive post of Deputy Transport Commissioner (Technical), after retirement of the said Sri Sharma on 30-9-84 the Government was to filling the said post in the manner prescribed. The opposite party J.S. Gupta was transferred back to U.P.S.R.T.C. whereafter he filed a writ petition challenging the said order (Writ Petition No. 1799 of 1984) From the affidavits on record it emerges that so far as U.P.S.R.T.C. is concerned, the channel of promotion of officers of Engineering side is as follows : 1. Additional General Manager/Chief Mechanical Engineer. 2. Deputy General/Deputy Chief Mechanical Engineer. 3. Senior Mechanical Engineer. 4. Assistant Transport Engineer.;