R S GARG Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is directed against a judgement and order dated 22.05.2000 passed by the High Court of Judicature at Allahabad in Writ Petition No. 377(SB)/97, whereby and whereunder the writ petition filed by the appellant herein questioning an order of promotion dated 24.05.1997 passed in favour of respondent No.3 herein was dismissed.

(2.) Both the appellants and the said 3rd respondent were appointed on an ad hoc basis to the post of Inspector, re-designated as Assistant Director of Factories, on or about 3.01.1972 and 17.01.1987 respectively. Whereas the appointment of the appellant herein was in terms of Uttar Pradesh Labour Department (Factories and Boilers Division) Officers Service (Second Amendment) Rules, 1992 ('1992 Rules', for short) indicating selection through Public Service Commission; the 3rd respondent was appointed purely on ad hoc basis till the selection of a regular candidate by the Public Service Commission and joining the post or till such time his services were required by the department. The appellant was confirmed in his post on 13.05.1978, whereas the 3rd respondent purported to have been appointed on a regular basis without undergoing the requisite selection process as provided for in the 1992 Rules and without being recommended therefor by the Public Service Commission. The State of U.P., by an order dated 15.11.1995 appointed the 3rd respondent as Assistant Director Factories on regular basis with effect from the date of issuance of the order providing that he would be on probation for a period of two years. Indisputably, there were six posts of Deputy Director of Factories in the State of U.P., out of which four posts were designated as Deputy Director of Factories (Administration), one as Deputy Director of Factories (Chemical) and one as Deputy Director of Factories (Engineering). The post of Assistant Director of Factories was the feeder post. As noticed hereinbefore, both the posts of Assistant Director of Factories, formerly known as Inspector of Factories, and Deputy Director of Factories (Admn.) were to be filled up through the Public Service Commission. It is furthermore not in dispute that the educational qualification required for appointment to the post of Deputy Director (Chemical), vis-a-vis, Deputy Director of Factories (Admn.) and Deputy Director of Factories (Engineering) are different. It is also not in dispute that out of the four posts of Deputy Director of Factories (Admn.) one is to be filled up by an officer belonging to reserved category.

(3.) The wife of the 3rd respondent, Smt. Prem Lata, made a representation to the Chief Minister of the State of U.P. that her husband, who belonged to Scheduled Caste, was victimized and was not being promoted to the post of Deputy Director of Factories, whereupon instructions were issued to the Principal Secretary, Labour, to intimate to her as to why the promotion of 3rd respondent was being delayed. A proposal was made for converting the said post of Deputy Director of Factories (Chemical) to the post of Deputy Director of Factories (Admn.) upon obtaining sanction from the Chief Minister, although, the concurrence of the Finance Department was not obtained therefor. A note-sheet to the aforementioned effect on 15.04.1997 was drawn which is to the following effect: