LexR.K. SETHI AND ANOTHER ETC. versus OIL AND NATURAL GAS COMMISSION
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A R.K. SETHI AND ANOTHER ETC. v. OIL AND NATURAL GAS COMMISSION JANUARY 28, 1997 B [S.C. AGRAWAL AND FAIZAN UDDIN, JJ) Se1Vice Law : Oil and Natural Gas Commission Act, 1959-Section 32/0il and Natural Gas Commission (Tem1s and conditions of appointment i11 se1vice)Regulation 1975--Clause H(iii), B(iii)b Oil and Natural Gas Com- C mission Recruitment and Promotion Regulatio11, 1980 a11d Executive Instmc- tio11s dated Ap1il 25, 198o--Para 5(iii), (viiij-fi'ixation of inter se se11iority consequent upon merger of Telex operators with the cadre of Assista11t Grade 11 (AG 1/)-Telex operators were placed enbloc below AG-IE-But were of fered promotio11al benefit under 12 years and 18 years policies, promoting D them as AG-I and then as Superintendent-Same benefit offered to AG-I! Officers-Held: Not arbitrary-Not unreasonable-In consonance with 'Next below mle' of se1Vice jwispmdence-Seniority of the Telex Operators has to be detem1i11ed by provisions of Clause H(iii) of 1975 Regulations and not by Clause B(iii)(b)-AG-ll officers of westem Region could not be so promoted E as the Telex operators in that region did not accept such promotion-171e Commission not bound to promote them merely because AG-II employees of the other two regions were so promoted-Steps taken by Commission per- missible in law-High Court's direction to convert A G-1/ from regional to central cadre and to prepare a consolidated list of all regions for the purpose of promotion-Not justified as the decision of the Commissio.•1 does not suffer F from any vice of arbitrariness. In the Oil and Natnral Gas Commission, recruitment and promotion upto a certain level is on regional basis and thereafter it is centralised. In the personal and Administrative Discipline, appointment and promotion G to the posts of Assistant Grade-III, Assistant Grade-II and Assistant Grade-I are made on regional basis and appointment and promotion to the higher posts of Superintendent and above are made on centralised basis. Telex Operators in the Oil and Natural Gas Commission were H merged and redesignated as Assistant Grade-II by executive instructions 616 R.K. SETIII v. O.N.G.C. 617 ... > dated 25th April, 1980. As a result of the merger, the Telex Operators were A placed enbloc below the Assistant Grade-II employees in each region. But they were given promotional benefit under 12 years and 18 years polices. On the basis of 12 years policy the Telex Operators in the Central and Head Quarter regions were promoted as Assistant Grade-I with effect from May 17, 1980 and on the basis of 18 years policy they were further promoteci as B Superintendent with effect from April 1, 1982. The same benefit was ex- tended to the regular employees of these two regions and as such they were -. also promoted by order dated February 2, 1984. The employees of the Western Region could not be promoted as the Telex Operators in the region did not accept such promotions. The employees of the Western region filed , a writ petitio~ in the High Court challenging the order of promotion dated c February 2, 1984 and asking for retrospective promotion along with the promotees of the other two regions. The High Court allowed the petition and quashed the promotions of the respondents who were made parties in the writ petition and also stayed further promotions till a consolidated list of all regions was prepared. Against tlie order of the High Court the present D appeals are filed by the affected employees and the Commission. The Writ -< Petition is filed by two of the affected employees of the Headquarter region :::' whose promotions were revoked by the Commission pursuant to the order of the High Court. Allowing the appeals and the Writ Petiton, this Court E HELD : 1.1. The Telex Operators are rightly placed en bloc below the regular employees in Assistant Grade-II cadre at the time of merger of the cadre of Telex Operators .in the cadre of Assistant Grade-II by Executive Instructions dated April 25, 1980. The earlier service of the Telex Operators at a lower pay scale before merger could not be equated with F the service of the regular Assistant Grade-II employees at a higher pay scale. Therefore, they were rightly placed junior to the regular employees of Assistant Grade-II cadre on merger. [628-D, BJ :.".< 1.2. The seniority of the Telex Operators in the cadre of Assistant Grade-II will be governed by the provisions contained in parag
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