LexVINOD KUMAR SANGAL versus UNION OF INDIA AND ORS.
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A VINOD KUMAR SANGAL v. UNION OF INDIA AND ORS. APRIL 25, 1995 B (S.C. AGRAWAL ANDS. SAGHIR AHMAD, JJ.] Se1Vice Law: I ~ Promotion-Bunching of vacancies arising in different years-Meeting c of Departmental Promotion Committee held after six years-DPC bunched all vacancies, those arising in previous years as also in cu"ent year, and made selections-Held, as per Office Memorandum dated 24.12.1980, issued by Geological Su!Vey of India, if DPC is unable to meet at regular inte1Vals for reasons beyond control, it shall, when it first meets, determine actual number of regular vacancies in each of previous years and those proposed to be filled D up in cu"ent year separately and consider for selection on yearly basis those officers only who would be eligible with reference to vacancies of each year. The appellant, a Junior Technical Assistant in the Geological Survey of India, was, on the recommendation of the Departmental Promotion E Committee, promoted and posted as Senior Technical Assistant in the North Eastern Region at Shillong. Since the appellant declined to join at Shillong, the offer was cancelled in February 1980. In August 1980, he was granted ad hoc promotion as Sr. Technical Assistant and was posted in the Central Region at Nagpur. The Departmental Promotion Committee (D.P.C.) made selections for promotion on regular basis in 1985, and since F the appellant could not be selected, he was reverted to his former post with effect from 28th February 1985. The writ petition filed by the appellant in the High Court to challenge the Order dated 28th February, 1985 for his reversion, was transferred to the Central Administrative Tribunal, which dismissed the same. Aggrieved, the appellant filed the appeal by special G leave. It was contended for the appellant that the DPC having not met in i the years 1979 to 1984, it committed an error in bunching together all the those vacancies occurred during these years whicb resulted in enlarging the field of choice and thereby prejudicially affecting the chances of selec- H tion of the appellant. The respondents pleaded that the Geological Survey 734 VINOD KUMAR SANGAL v. U.0.1. 735 or India could not propose or effect promotions during the years 1979 to A 1984 as it was considering regionalisation or the Department and the question of allocation or posts of different categories to the different appointing authorities under each region was under process and, there· fore, it made ad hoc appointments in various cadres, according to the requirement as per local seniority, till regular selection was made by the B DPC. Allowing the appeal, the Court HELD : 1.1. In the circumstances, non-holding of ·the DPC during the period the reorganisation of the Department was under process may C be justified. But when the DPC met in 1985, it was required to make selections on yearly basis for the vacancies of each particular year as per the Office Memorandum dated December 24, 1980 which clearly postulates that where the DPC is unable to meet at regular intervals for reasons beyond control the first DPC that meets thereafter shall determine the D actual number or regular vacancies that arose in each of the previous year/years and those proposed to be filled up in the current year separately and consider in respect of each ~f the years those officers only who would be within the field of choice with reference to the vacancies of each year starting with the earliest year onwards and prepare a selection list for each or the years starting with the earliest year onwards and on that basis E prepare a consolidated select list. (740-E to GI 1.2. The affidavit filed on behalf or the respondents indicates that one regular vacancy occurred in the year 1980, which was filled up by ad hoc appointment ohhe appellant; the next single vacancy that occurred in F 1982 and three vacancies those occurred in the year 1983 were also filled up on ad hoc basis. On December 22, 1984 the Central Region, on account of regionalisation of Group' C Cadre, got allotment of six vacancies of Senior Technical Assistant (Drilling) to be filled np by promotion and for that purpose the DPC met on January 15, 1985 and made selection for all 6 promotional vacancies. The DPC appears to have bunched together all G the vacancies for the years 1980 to 1985 and has made one selection for the 6 promotional vacancies and this has resulted in enlargement of the field o
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