M.C. SUNDARARANJAN AND ETC. Vs. SECRETARY MINISTRY OF DEFENCE, GOVT. OF INDIA NEW DELHI AND OTHERS

JUDGEMENT

(1.) Writ Appeal No. 293/79 is directed against the order passed by our learned brother P. A. Choudary, J. in W. P. 6164/78 Writ Appeal No. 143/79 is directed against the order passed by Amareswari. J. in W. P. 2207/78.

(2.) As there are similar questions of facts and common question of law involved in both the Writ Appeals, they are disposed of by a common order.

(3.) The material facts in W. P. No. 6164/78, out of which W. A. 293/79 arises may be stated: The petitioner was appointed as Stenographer Grade-III in January, 1969 in the Office of the Central Reserve Police Force, Hyderabad and he was confirmed on that post of Stenographer Grade-Ill with effect from 1-1-1972. A Departmental Promotion Committee was held on 27th and 29th of July. 1977 to draw a select List among the Stenographers Grade-Ill to fill up the posts of Stenographers Grade-II (Junior Scale). The said Departmental Promotion Committee approved among others the name of the petitioner for, promotion to the post of Stenographer Grade-II (Junior Scale) and as such he was promoted to that post by the order dt. 4-8-1977 along with others. Thereafter another Departmental Promotion Committee which met on 13-12-1978 considered the case of the petitioner along with others, but did not select the petitioner and consequently the order dt, 16-12-1978 was passed reverting the petitioner, who was working as Stenographer Grade-II (Junior Scale) to the post of Stenographer Grade-Ill. It is that order which was challenged by the petitioner in the writ petition as illegal, arbitrary and contrary to the Rules. The learned single Judge allowed the writ 1984 Lab.I.C/33 IV petition and quashed the order under which the petitioner was reverted.