K.N.Singh, J. - (1.) This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the Divisional Personnel Officer, Allahabad, dated 26-9-1977, informing the petitioner that his appointment was ad hoc against the sports quota and directing him to appear at the mass written examination for recruitment to non-technical class III initial recruitment category conducted by the Railway Service Commission, Calcutta.
(2.) The facts giving rise to this petition are necessary to be noted. The petitioner is a graduate of Allahabad University. On 16th November, 1975, he addressed an application to the Ministry of Railways, New Delhi, stating therein that he was a graduate and he has been participating in extra curricular activities, he has been living in most adverse circumstances and be desperately required a job. Sri J.N. Misra, the Special Assistant to the then Minister of Railways forwarded the petitioner's application to the General Manager, Eastern, Railway Calcutta, alongwith his D.O. letter dated 21-11-1975 stating that he was directed to send the petitioner's application and the Minister for Railways desired that the petitioner may be considered for appointment to class III post against sports quota of Eastern Railway. In accordance with the direction contained in the D.O. letter of the Special Assistant, the General Manager of Eastern Railway issued orders for the petitioner's appointment on 9th December, 1975. The Divisional Personnel Officer, Danapur, issued appointment letter to the petitioner on 7th January, 1976, offering appointment on a temporary post of office clerk in a temporary capacity with a condition that his services were liable to be terminated any time. The petitioner was directed to submit his certificates and to signify his acceptance. The petitioner complied with the directions. Thereupon, the Senior Divisional Personnel Officer, Danapur, issued appointment letter on 9th January, 1976, appointing the petitioner to the temporary post of clerk in the pay scale of Rs. 260-400 (RS)and posted him at Moghalsarai, in the Office of the Train Lighting Inspector. Later, on an application made by the petitioner he was transferred to the Northern Railway and posted in Allahabad, the petitioner was served with a notice dated 26-9-1977 issued by the Divisional Personnel Officer intimating him that his appointment was cancelled and he was treated as ad hoc in railway service. He was directed to appear at the next written examination for recruitment to non-technical class III posts conducted by the Railway Service Commission on 9th October, 1977. The notice further stated that if the petitioner failed to appear at the said examination or if he was not selected by the Railway Service Commission, his service would be terminated. The petitioner thereupon filed this petition challenging the validity of the aforesaid notice dated 26-9-1977.
(3.) Sri S.C. Khare, learned counsel for the petitioner, urged that the petitioner was appointed by the General Manager against the sports quota for which he was specially authorised, his appointment was regular and in accordance with the relevant rules. The Railway Administration had no jurisdiction to cancel his appointment or to direct him to appear at the competitive examination held by the Railway Service Commission. On the other hand, Sri Lalji Sinha, learned counsel appearing for the respondent-railway administration contended that the General Manager had appointed the petitioner in class III railway service directly, illegally in contravention of the statutory rules relating to the recruitment of class III railway servants. He referred to various orders issued by the Railway Board authorising the General Manager to make direct recruitment against certain limited number of posts earmarked for various categories and submitted that the petitioner's appointment was made in contravention of those directions. In order to determine the controversy raised by the parties it would be necessary to refer to the service rales and the orders issued by the Railway Board from time to time.;