M S RAVI Vs. DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) THE applicant has filed this Original Application aggrieved by A-6 reply dated 5.11.98 issued from the office of the first respondent rejecting his representation dated 31.3.98 and A-8 order dated 20.1.99 issued by the 1st respondent in partial modification of the office order dated 27.11.95 by which the designation of the applicant has been changed to as Small Industry Promotion Officer (Statistics) instead of Small Industry Promotion Officer (Economic Investigation) shown on 27.11.95. He sought the following reliefs through this O.A. :

(2.) According to the averments of the applicant his main subject in Graduation and Post Graduation studies was Economics, he was initially selected as Research Assistant in the Doordarsan Kendra, Nagpur. While thus working he applied for the post of Small Industry Promotion Officer (Economic Investigation) SIPO (EI) for short. He appeared for the interview and selected for the post under the first respondent as per A1 provisional offer of appointment dated 24.11.92. Applicant was appointed as SIPO (EI) w.e.f. 25.10.95 dated 27.11.95. The applicant claimed that since he was appointed as SIPO (EI), he became within the jurisdiction of the 3rd respondent who was the cadre controlling authority of the posts in the discipline of Economic. While so the 1st respondent by letter dated 17.3.98 circulated the tentative seniority list of SIPO (EI&S), as on 5.3.1998 asking the individual officers to check the same and bring to the notice of the 1st respondent any factual errors or omission within 20 days from the date of issue of the letter. The applicant submitted A-3 representation dated 31.3.98 as, in the seniority list the applicant was shown as SIPO (Statistics) instead of SIPO(EI). But in the final seniority list, in which the applicant was ranked as Sl. No. 43, the mistake committed in the tentative seniority list was not rectified. The applicant again filed A-5 representation dated 30.7.98 requesting the first respondent to assign him the Economics discipline taking into consideration his academic background allotment of discipline by the 2nd respondent at the time of his appointment. Applicant received A-6 reply dated 5.11.98 issued by the first respondent. Applicant filed A-7 representation dated 9.12.98 for which he received A-8 reply dated 20.1.99 (in partial modification of A2 order). A-9 is the nature of duties allotted to the applicant. Applicant submitted that the applications were invited for the post of SIPO(EI) and A1 offer was given to him as SIPO(EI). If the post advertised was of SIPO (Statistics), he would not have applied for the same and joined the post. The action of the respondents in issuing A-8 modifying A-2 appointment order of the applicant was illegal, arbitrary and violative of the Fundamental Rights of the applicant under Article 14 and 21 of the Constitution of India. The designation of the applicant was wrongly shown as SIPO (Statistics) for the first time in the tentative seniority list respondent. The first respondent had not considered the representation filed against the same and even though A-7 representation was submitted immediately after receipt of A-6 order the same was not properly considered by the first respondent while issuing A-8 order. The first respondent's action in changing the designation of the applicant without giving notice to him especially when he was actually working as SIPO(EI) and non-consideration of the representation submitted by the applicant against the final seniority list were arbitrary and illegal. The action of the respondents in ejecting his A-7 representation, by A-8 order, without properly considering the A-7 was illegal, arbitrary and hence A-8 was liable to be quashed. Since A-8 order was issued against the rule and in violation of the fundamental Rules enshrined in Article 14 and 21 of the Constitution and against the principles of natural justice, A-8 was liable to be quashed and the O.A. was liable to be allowed.

(3.) APPLICANT filed rejoinder reiterating the points raised in the Original Application.