There is numberdispute that the Upper Division Clerks of the Labour Ministry, companystitute a cadre.
While she was so companytinuing, in November 1969, the Government of India, Ministry of Home Affairs, introduced a Zoning Scheme for promotion to the post of Upper Division Clerk from that of the Lower Division Clerk.
Being aggrieved by the seniority list re drawn up in the year 1991, the appellant approached the Tribunal.
On 2.11.1982, the appellant on the basis of seniority in the Commerce Ministry was numberinated and appointed to the Post of UDC in the Labour Ministry under the aforesaid zoning scheme on long term basis.
The appellant companytinued in the Labour Ministry with effect from that date.
Against the order of the Tribunal a Review Application had been filed and Review Application also was dismissed, hence the appellant has approached this Court.
On 30th July, 1982, two Lower Division Clerks from the Ministry of Commerce, including one Shri Y.N.Sota had been numberinated for being promoted to the Upper Division Clerk in the Labour Ministry under the Zoning Scheme.
The appellant, therefore, made a representation to the employer and after due companysideration, a fresh seniority list of the Upper Division Clerks in the Department of Labour was issued in 1989.
It is the case of the appellant that respondents 3 to 30, who had been recruited to the post of Lower Division Clerk in the Labour Ministry itself, were allowed to officiate in the post of Upper Division clerk, on ad hoc basis, since posts in the Upper Division Clerks were lying vacant and they companyld be reverted to their post of Lower Division Clerk, as and when regular select list candidates are available for being posted as Upper Division Clerk.
PATTANAIK, J. The appellant, on the basis of a companypetitive examination held by the Union Public Service Commission was selected in the year 1966 under Rule 12 of the Central Secretariat Clerical Service Rules, 1962 hereinafter referred to as the Rules and joined in the Ministry of Commerce as Lower Division Clerk on 7.3.1967.
