M P PANDEY Vs. MANOHAR LAL

JUDGEMENT

(1.) These two appeals involving common questions of fact and law are being disposed of by this common order.

(2.) Respondents 1 to 14 were working as LDCs in respondent MCD and were aspirants for promotion to post of Jr. Stenographer. A test was held on 30.10.1973 for promotion to the post and they were selected and consequently promoted on ad hoc basis to the post by orders dated 2.11.1973 and 29.3.1974. One of the disgruntled candidates who had failed to qualify in the test complained and alleged that the test was illegally held upon which respondent No. 17 passed order dated 2.11.1973 setting aside the test held on 30.10.1973 and also the consequent ad hoc promotions made of respondents 1-14 and invited fresh applications for the post. Respondents 1-14 were accordingly reverted to post of LDC after 10 months and appellants were selected and promoted to post of Jr. Stenographers by various orders in 1975 and onwards in the new selection.

(3.) Respondents 1 to 14 felt aggrieved of this reversion and filed C.W. 1174 /1974 challenging it primarily on the ground that it was arbitrarily passed and was violative of natural justice visiting them with civil consequences. Their writ petition was allowed by impugned order dated 13.11.1995 declaring the test conducted on 30.10.1973 valid and quashing reversion of these private respondents with consequential benefits.