H. S. VERMA & ORS. versus SECRETARY, MINISTRY OF SHIPPING & TRANSPORT AND ORS. ETC., ETC.

H. S. VERMA & ORS. versus SECRETARY, MINISTRY OF SHIPPING & TRANSPORT AND ORS. ETC., ETC.

Appointments not made in accordance with the prescribed modes under the Recruitment Rules, 1959 (including rule 3 and rule 19(2)) must be treated as to ex-cadre posts; such ex-cadre officers may be classified separately from regular cadre officers for the purposes of promotion and seniority without offending Article 14, as this removes potential injustice arising from irregular appointments. The government must scrutinise the record of each person placed in the 'Pool', determine status as per rules, review promotions made after 31-5-1974, and rectify wrong inclusion or exclusion in cadre classifications accordingly.

Parties
Petitioners/appellants: H. S. Verma & Ors.; Respondents: Secretary, Ministry of Shipping & Transport & Ors.
Jurisdiction
India
Judgment Date
07 August 1979
Procedural Posture
Writ Petition and Civil Appeal / Final Judgment on Merits
Outcome
Writ petitions and appeal disposed of in terms of directions; no order as to costs.
Legal Topics
Service Classification, Cadre Appointments, Recruitment Rules, Seniority and Promotion, Equality Before Law
Constitutional Law Service Law Administrative Law Service Classification Cadre Appointments Recruitment Rules Seniority and Promotion Equality Before Law

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Parties

H. S. Verma & Ors.

Petitioners/appellants

Secretary, Ministry of Shipping & Transport & Ors.

Respondents

Procedural Posture

Writ Petition and Civil Appeal / Final Judgment on Merits

Legal Issues

  1. 1 Whether persons appointed by interview (without written examination) to engineering posts in the Ministry of Shipping and Transport were appointed to ex-cadre posts or regular cadre posts.
  2. 2 Whether such officers could validly be classified separately for purposes of seniority and promotion vis-à-vis those appointed by examination.
  3. 3 Whether such classification violates Articles 14 and 16 of the Constitution.

Ratio Decidendi

Appointments not made in accordance with the prescribed modes under the Recruitment Rules, 1959 (including rule 3 and rule 19(2)) must be treated as to ex-cadre posts; such ex-cadre officers may be classified separately from regular cadre officers for the purposes of promotion and seniority without offending Article 14, as this removes potential injustice arising from irregular appointments. The government must scrutinise the record of each person placed in the 'Pool', determine status as per rules, review promotions made after 31-5-1974, and rectify wrong inclusion or exclusion in cadre classifications accordingly.

Court Disposition

Writ petitions and appeal disposed of in terms of directions; no order as to costs.

Orders

  • Persons appointed in accordance with rule 3 or 19(2) of 1959 Rules deemed regular cadre; not to be classified as 'pool' officers.
  • Persons not so appointed deemed ex-cadre and may be classified separately.