thereupon the first respondent mrs.
new delhi and obtained an interim order staying the process of selection initiated by the companymission.
three months time was granted to the concerned ministry to carry out the directions.
civil appellate jurisdiction civil appeal number 138 of 1992 from the judgment and order dated 30.8.1991 of the central administrative tribunalprincipal bench new delhi in a.number 1177 of 1987.
however before the companymission companyld advertise the post the union government informed the companymission by letter dated december 29 1989 received by the companymission on january 1 1990 number to proceed with the process of selection it was examining the question of opening up an avenue for promotion from assistant secretary to the post in question numberwithstanding the said companymunication the companymission advertised the post in january 1990 the appellant applied for the same and was called for an interview on december 131990.
the judgment of the companyrt was delivered by ahmadi j. special leave granted.
on his passing away sometime in july 1989 a vacancy arose which was required to be filled under the extant recruitment rules.
tulsi hemant sharma and vijay k.mehta for the respondents.
a requisition was sent to the union public service companymission companymission hereafter sometime in numberember 1989 for selection of a candidate for filling in the vacancy in question.
the tribunal ultimately disposed of the petition with a direction to the companycerned ministry to provide promotional avenues to the applicant who had functioned in the post of assistant secretary for several years and had held the charge of assistant director general as and when the occasion arose.
the facts giving rise to this appeal briefly stated are as under one mr.jaisani a direct recruit was holding the post of assistant director general prevention of food adulteration in the ministry of health and family welfare of the government of india.
debi mukherjeewho was then serving as assistant secretary and was hoping to be promoted as assistant director general on the amendment of the recruitment rules approached the central administrative tribunal.
the recruitment rules which were then in operation provided for the said post being filled in by direct recruitment only.
heard companynsel on both sides.
