UNION OF INDIA versus A.R. SHINDE & ANR.

Citation: [1987] 2 S.C.R. 339 · Decided: 19-02-1987 · Supreme Court of India · Bench: M.P. THAKKAR · Disposal: Appeal(s) allowed

Judgment (excerpt)

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UNION OF INDIA 
v. 
A.R. SHINDE & ANR. 
FEBRUARY 19, 1987 
[M.P. THAKKAR AND B.C. RAY, JJ.] 
Central Administrative Tribunal Act, 1985: Director General 
AIR-Appointment of-By Government by transfer of deputation-
Whether valid-' I8 years' of experience in a 'supervisory capacity'-
What is-Order of Tribunal set aside. 
Civil Services: All India Radio (Recruitment of Director General 
A.I.R.) Rules 1963 Schedule Columns 7(ii) IO & 11-Director General 
A.l.R.-Recruitment of-' 18 years' in 'supervisory capacity'-What 
is-Mere fact that original appointment to the post was for period of six 
months and extended-Whether valid. 
Words and Phrases: '18 years' of experience in a 'supervisory 
capacity'-What is. 
A 
B 
c 
D 
The All India Radio (Recruitment of Director General, All India 
Radio) Roles, 1963 provided that the post of Director General, All India 
E 
Radio be filled np either by promotion or by re-employment or by 
transfer on depntation, or by direct recruitment, and (i) 50% of the 
vacancies be filled up by promotion failing which by transfer on deputa-
tion, and failing both by direct recruitment, and (ii) SO% by re-
employment or transfer on deputation or direct recruitment, the exact 
method of recruitment to be decided in consultation with the Union 
F 
Public Service Commission on eac.h occasion. The Additional Director 
General in the All India Radio who had served as such for three years 
was also eligible under the Rules for promotion to the post of Director 
General. 
The post of the Director General fell vacant on February 14, 1985. 
G 
The authorities took recourse to make appointment to the post by trans-
fer on deputation as there was no body eligible for promotion, including 
the first respondent from the grade of Additional Director General. The 
second respondent, who was an officer of the rank of the Additional 
Secretary to the Government of India, was appointed by transfer on 
deputation initially for a period of six months, and before the expiry of H 
339 
A 
B 
c 
D 
E 
340 
SUPREME COURT REPORTS 
(1987] 2 S.C.R. 
this period, his. continuation for a further period of two years ' .· 
recommended as nobody was eligible for promotion even at tt!· :t _ .:. -__ •• 
and after approval of the competent authority the second respondeui·• 
continuation was notified on December JO, 1985. 
The aforesaid order of continuation was assailed before the 
Central Administrative Tribunal by the first respondent, who was 
working as the Additional Director General, on the ground that though he 
fulfilled aU the requisite qualifications provided in the Rules for being 
considered for promotion to the post of the Director General, his case 
was not considerOd and the impugned order continuing the appointment 
of the second respondent upto March 3, 1987 was made. 
The Central Administrative Tribunal held that the appointment 
of the second respondent was not made in accordance with the Rnles, 
that he had not the requisite qualification for being appointed to the 
post and though the first respondent fulfilled the eligibility qualifica· 
lion, was' not considered at all, and quashed the appointment of the 
, 
second respondent. It also directed that the post be filled np in accord· 
ance with the rules and that the first respondent be considered for the 
post. 
In the appeal to this Court, the findings recorded by the Central 
Administrative Tribunal that the appointment of the second respondent 
was bad on the ground that it was not in accordance with the rules and 
that he was n~t qualified to _be appointed to the post, were challenged. 
Allowing the appeal, this Court, 
, 
· .. 
HELD: 1.1 There were only three modes of making recruitment 
· F 'viz. (1) by promotion, failing which (2) by deputation; and failing which 
(3) liy direct recruitment. [346B·C] 
- -1.2 Since the appointment by promotion was not at all possible, 
and such an important and sensitive post could not be kept vacant, the 
appointment of the second respondent was made by transfer on deputa· 
G lion which was the next mode of appointment in the order of preference. 
Thus, the initial appointment or the second respondent is nnexcep-
-...._ tionable. [346D; GI 
· 
1.3 The appointment to such a sensitive post by the very nature or 
things has to be considered in advance and if when the proceedings were 
H initiated, the first respondent had not yet qualified for being appointed 
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U.O.l. v. A.R. SHINDE 
341 
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