ASHOK KUMAR MATHUR, J. - (1.) THE petitioner by this writ petition has challenged the provisions of column II of the Schedule of the Defence Research and Development Organisation (Junior Scientific Officers) Recruitment Rules, 1980 (here in after referred to as the Rules of 1980). He has further prayed that a direction should be issued to the respondent to prepare seniority list of Foremen, Senior Scientific Assistants and Chief Draughtsmen by placing the Foremen block senior to the Senior Scientific Assistants and Chief Draughtsmen and thereafter make the selection to the post of Junior Scientific Officers. He has further prayed that the respondents may be restrained from making appointments to the posts of Junior Scientific Officers on the basis of panel prepared by the respondents.
(2.) THE petitioner is a diploma holder in Mechanical Engineering and was appointed as Assistant Foreman in the pay scale of Rs. 700 -900 in the year 1979. The service condition of the petitioner is governed by the Rules of 1980. The promotion on the post of Junior Scientific Officer has been made in terms of Rule 5 which says that the post shall be filled in accordance with the provisions contained in column 5 to 13 of the Schedule appended to the Rules of 1980. As per the schedule the post is classified as civilians in Defence services as Group 'B' Gazetted Non Ministerial Post and carries pay scale of Rs. 650 -1200. It is a selection post and it should be filled in by promotion, transfer or deputation from amongst senior Scientific Assistants, Chief Draughtsmen, and Foremen with five years of service in respective grades rendered after appointment there on regular basis. The chart showing the channel of promotion is reproduced as under: Junior Scientific Officer - - - - - - - - - - - - - - - - - - - -(650 -1200)| - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -| | |Foreman Senior Scientific Assistant Chief Draughtsman - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -840 -1040 (550 -900) (700 -900)|Assistant Foreman - - - - - - - - - - - - - - - - -(700 -900)
(3.) THE promotion for the posts of Junior Scientific Officers pay scale 650 -1200 were held through the DPC and the petitioner's name did not find place in the panel Exbt. 3 dated 25th August, 1984, therefore the present writ petition is filed by the petitioner.;