- (1.)THIS appeal is directed against an order made by m. M. Dutt J. on 31st July, 1974 by which His Lordship discharged a Rule. By the Rule the petitioner, who is the appellant before us, challenged an order made by the Commissioners for the Port of Calcutta, who promoted the respondents Nos. 4 to 30, who were all Assistant Medical Officers to the rank of Senior Assistant Medical officers.
(2.)THE petitioner is a member of a scheduled Caste. He was employed in the service of the respondent No. 2. The Commissioners for Port of Calcutta as an Assistant Surgeon Grade II and subsequently promoted to the rank of Assistant Surgeon Grade I.
(3.)ON April 26, 1971 the respondent no. 2 with the sanction of the respondent No. 1, Union of India, resolved that Assistant Surgeons were to be divided into two categories, i. e. , Assistant medical Officers and Senior Assistant medical Officers. In pursuance of the said decision, 27 posts in the medical department were placed in the higher category of Senior Assistant Medical officers. The petitioner claimed that as a member of a Scheduled Caste he was entitled to the benefit of reservation of appointments and posts in the service of the respondent No. 2 by virtue of resolution No. 1790 dated December 29, 1958.