U. P. STATE TOURISM DEVELOPMENT CORPORATION LTD. versus I.B. MISRA AND ORS.

Citation: [1995] 1 S.C.R. 368 · Decided: 18-01-1995 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
U.P. STATE TOURISM DEVELOPMENT CORPORATION LTD. 
....... 
v. 
l.B. MISRA AND ORS. 
.. 
JANUARY 18, 1995 
B 
(S.C. AGRAWAL AND G.N. RAY, JJ.] 
Se1Vice Law-U.P. State Tourism Development Corporation Rules, 
\ 
1981-Rule 19-Recruitment-Post of General Manager in U.P. State 
Tourism Corporation-Class I Post-Appointment by selection or by deputa-
c tion-Post cannot be filled by promotion. 
The respondent No. 1 jointed the U.P. State Tourism Development 
Corporation on the post of Manager Grade II and was promoted as 
Manager Grade IA vacancy occurred on the post of General Manager in 
D 
the Corporation and the respondent No. 1 filed Writ Petition for directing 
,.. 
the respondents to hold selection to the said post in accordance with the 
U.P. State Tourism Development Corporation Rules, 198i. The said post 
of General Manager was being filled by deputation of officers in the State 
Services of the Government of Uttar Pradesh. 
E 
The High Court allowed the petition commanding the respondents 
to make selection on the post of General Manager in accordance with 
observations made in the judgment. It was held that rule 19 should be read 
to the extent that Class I posts must be filled by promot~;.n from amongst 
the eligible officers of the Corporation on the basis of seniority-cum-merit. 
.?' 
It was stated that only when no suitable candidate would be available for 
F promotion to the post, th~ appointment to be made on deputation, failing 
which the appointment could be made by direct selection. Review Petition 
filed against the judgment was dismissed. Hence these appeals. The appel· 
lants submitted that for the post of General Manager a person with high 
.. 
administrative capacity was required and for that reason the post had been 
a- filled by taking on deputation officers from different departments of the 
Government who were working on various responsible positions involving 
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high level of administrative abilities. 
I
Allowing the appeal, the Court 
H 
HELD: The appointment to the post of General Manager in the U.P. 
368 
~-
U.P. STATETOURlSM DEV. CORPN. 1•. I.B. MISRA (S.C. AGRAWAL. .T.] 
369 
State Tourism Dev~lopment Corporation is governed by Rule 19 of the U.P. A 
State Tourism Development Corporation Rules 1981. Appointment on 
Class I posts is restricted to two methods only, namely by selection or by 
deputation. There is no provision in Rule 19 of the rules providing for 
promotion as a mode of appointment for class I posts. The post of General 
Manager in the Corporation being a class I post, it was not permissible B 
for the Corporation to fill up the post by promotion. The fact that ever 
since 1981 no appointment had been made by selection and all appoint-
ments on the post of General Manager had been made on deputation would 
not justify construing Rule 19 as permitting mode of appointment to the 
post by promotion. [374-A, 375-C-D] 
Gujarat Housi11g Board E11gi,11eers Associatio11 a11d A11r. v. State of 
Gujarat & Ors., JT (1993) 6 SC 469, distinguished. · 
Cou11cil of Scie11tific a11d l11dust1ial Research a11d Anr. v. KGS Bhatt 
and Anr., [1989) 4 SCC 635 and Dr. Ms. Hussain v. Union of India, [1990) 
c 
Supp SCC 69, referred to. 
0 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 818-19 
of 1995. 
From the Judgment and Order dated 24.3.94 & 13.5.94 of the Al-
lahabad High Court in W.P. No. 677/92 .& R.P. No. 65(W) of 1994. 
R.K. Jain, Ms. Lalita Kohli and Manoj Swamp for the Appellant. 
Arun Jaitley, Ms. Indu Malhotra and Ms. Shirin Jain for the Respon-
dents. 
The Judgment of the Court was delivered by 
S.C. AGRAWAL, J. Leave granted. 
E 
F 
These appeals relate to appointment bn the post of General Manager 
in the U.P. State Tourism Development Corporation (hereinafter referred G 
to as 'the Corporat~on') which is a company registered under the Com-
panies Act and is an undertaking of the Government of Uttar Pradesh. The 
said appointment is governed by Rule 19 of the U.P. State Tourism 
Development Corporation Rules, 1981 (hereinafter referred to as 'the 
Rules'). The post of General Manager is a class one post in the Corpora- H 
370 
SUPREME COURT REPORTS 
[1995] 1 S.C.R. 
A 
tion. I.B. Misra respondent No. 1, joined .the Corporation on the post of 
Manager Grade-II in 1978. In March, 1984 he was promoted as Manager 
Grade-I. He was selected for appointment on the post of Project Officer 
by the Corporation in 1989 but as he was not appointed on the said post 
he filed a Writ l>et
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