R K SETHI Vs. OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) These appeals and the writ petition raise common questions relating to seniority in the cadre of Assistant Grade-II (for short "AG-II) and promotion to the higher posts of Assistant Grade-I (for short AG-I) and Superintendent in the Oil and Natural Gas Commission (hereinafter referred to as the Commission).

(2.) In the Commission recruitment and promotion up to a certain level is on regional basis and thereafter it is centralised. In the Personnel and Administration (P and A) Discipline appointment and promotion to the posts of Assistant Grade-III (for short AG-III), AG-II and AG-I are made on regional basis and appointment and promotion to the higher posts of Superintendent and above are made on centralised basis. There was separate seniority in the cadre of AG-III, AG-II and AG-I for each region while in the higher- cadres it was on all India basis. We are concerned with the Central, Western and Headquarters regions. In early 1960s the Commission felt the need of Telex Operator and employees working as Ag-III were picked up to work as Telex Operator. With effect from April 1, 1969 a separate cadre of Telex Operator having separate seniority was created. The Telex Operators were earlier having a pay scale which was higher than that of AG-III but lower than that of AG-II. With effect from April 1, 1979 the Telex Operators as well as AG-II were placed at the same pay scale of Rs. 430-880. The Telex Operators did not have any promotional channel. Under the Recruitment (and Promotion Regulations, 1980 (hereinafter referred to as the 1980 Regulations), which came into force on April 24, 1980, the designations of many posts under the Recruitment and Promotion Regulations, 1974 were changed. The 1980 Regulations did not contain the post of Telex Operator. In order to implement the 1980 Regulations executive instruction were issued vide office order No. 2(22)/80-RP-I dated April 25, 1980. (hereinafter referred to as the Executive Instructions) with regard to placement at appropriate level and other connected matters for different categories of employees. In paragraph 5 of the said order fitment principles for categories in other disciplines were set out. Sub-paragraph (iii) of the said paragraph related to Telex Operators and it read as under:-

(3.) In paragraph 1 of the said order general instructions were given in respect of all the categories of employees. Sub-paragraph (viii) of paragraph 1 related to fixation of inter se seniority consequent upon merger of two categories. It contained the following provisions:-