JUDGMENT S.H.A. Raza, J. - The petitioner, who after selection made by the Public Service Commission in September, 1981 joined his service on 6th June, 1983 on the post of Assistant Accounts Officer and at present posted as Assistant Accountant Officer in the office of Board of Revenue, U.P., Luck now, has prayed for issue of a writ in the nature of mandamus commanding the opposite parties to promote him and other direct recruits to the post of Accounts Officer/Treasury Officer and not to promote any promotee further unless the quota is achieved between them and till the finalisation of the combined seniority list of direct recruits and promotees on the post of Assistant Accounts Officer, no ad hoc promotions to the post of Accounts Officer/Treasury Officer be regularised under the Rules dated 3-11-1988 until the combined seniority list on the post of Assistant Accounts Officer is finalised in accordance with quota Rules. 2. The petitioner has averred that the combined or integrated accounts services were created in October, 1976 when the posts of Assistant Accounts Officer and Accounts Officer of the various departments were brought into one cadre and a common service but the statutory rules for the services of the Assistant Accounts Officer were framed in 1985. In the cadre of Assistant Accounts Officer, the recruitment is made from both the sources that is to say direct recruitment through Public Service Commission to the extent of 50% and remaining 50% are filled up by way of promotion from the cadre of Accountant etc. The direct recruitment for the post of Assistant Accounts Officer through Public Service Commission was for the first time conducted in 1980 to which batch the petitioner belongs. According to statutory rules of Accounts Officer/Treasury Officer of 1980, some 25% of the posts of Accounts Officer/Treasury Officer are to be filled by promotion from the cadre of Assistant Accounts Officer, 13% promotions are marked to a different quota that is from Treasury Head Clerk etc. and 58% posts are to be filled by direct recruitment. Till now no seniority list of the cadre of Assistant Accounts Officer has been finalised.
and 58% posts are to be filled by direct recruitment. Till now no seniority list of the cadre of Assistant Accounts Officer has been finalised. The combined seniority list of Assistant Accounts Officers was tentatively circulated on 23rd November, 1985 on which the objections were called, Instead of finalising the seniority list a large number of promotions have been made to the post-of Accounts Officer belonging to the quota of promotees to the post of Assistant Accounts Officers although their promotions were never regularised or approved by Public Service Commission. In all 120 persons are officiating on the post of Accounts Officer and are enjoining the benefit of double ad hoc promotions. Presently 120 posts of Accounts Officer are still available for promotion but the Assistant Accounts Officers who were selected by the Public Service Commission are not being promoted to the next higher post and they are deprived of the promotions. It is alleged that the combined seniority list was deliberately withheld to give benefits to the persons belonging to promotees who are not even regularised on the post of Assistant Accounts Officers. 3. Learned counsel of the petitioner has urged before us that non-existence of combined seniority list between the promotees and direct recruits in accordance with quota rules amongst the Accounts Officers is wholly arbitrary and mala fide. The petitioner and other similarly situated employees have been discriminated against those promotees who were not selected or approved by the Public Service Commission and hence the action of the opposite parties in promoting the promotees and withholding the promotions of the petitioner and similarly situated other employees is violative of Articles 14and 16 of the Constitution of India. 4. On behalf of the opposite parties counter affidavit has been filed, from which it transpires that before 9-10-1975 posts of Assistant Accounts Officer and the post of Accounts Officers were under the Administrative Control of different departments in separate cadres, but from 9-10-75 a new service of Assistant Accounts Officer was created in the Administrative Control Finance Department vide Notification dated 9-10-75 in which the posts of Assistant Accounts Officer of the various departments were amalgamated along with the incumbents. As such the U.P. Assistant Accounts Officer service and U.P. Finance and Accounts Officers service are two separate services and have separate Rules.
As such the U.P. Assistant Accounts Officer service and U.P. Finance and Accounts Officers service are two separate services and have separate Rules. The Service Rules of U.P. Assistant Accounts Officers Service were issued in 1985 and the Service Rules of U.P. Finance and Accounts Officers Service were notified in 1980. According to U.P. Assistant Accounts Officers Service Rules, 1985, 50% of permanent posts of the Assistant Accounts Officers are to be filled in by direct recruitment through Public Service Commissioner, U.P. and the rest 50%, posts are to be filled in by promotion from amongst Accounts personnel working in various departments who are permanent in the scale of Rs. 570-1100. According to U.P. Finance and Accounts Service Rules, 1980, 581/2% of the posts of Accounts Officers, Treasury Officers and Additional Treasury Officers in the scale of Rs. 850-1720 are to be filled in by direct recruitment through Public Service Commission, 25% by promotion from permanent Assistant Accounts Officers, 11 112%, by promotion of permanent Treasury Head Clerks and the remaining 5"/, by promotion of Secretariat Assistants who have passed departmental examination of Treasury Officers. Some of the Assistant Accounts Officers who have been promoted on the post of Accounts Officers in the Finance and Accounts Service were approved by the Public Service Commission long before the creation of integrated service on 9-10-75 and some of them are even confirmed on the posts of Assistants Accounts Officer from the dates much prior to the date of creation of integrated service. A large number of Assistant Accounts Officers promoted on ad hoc basis had put in long and meritorious service on these posts and hence were better equipped to shoulder higher responsibilities than the directly recruited Assistant Accounts Officer who had not even put in five years service on these posts. Since the combined seniority of promoted and directly recruited Assistant Accounts Officers could not be finalised due to various reasons and large number of posts were lying vacant, it was considered prudent to promote these Assistant Accounts Officers on purely ad hoc basis in preference to the inexperienced directly recruited Assistant Accounts Officers. Total number of posts of Accounts Officers, Treasury Officers and Additional Treasury Officers in the scale of Rs. 850-1570 in U.P. finance and Accounts Service cadre is about 390 and according to the prescribed 25% quota of Assistant Accounts Officers comes to about 98.
Total number of posts of Accounts Officers, Treasury Officers and Additional Treasury Officers in the scale of Rs. 850-1570 in U.P. finance and Accounts Service cadre is about 390 and according to the prescribed 25% quota of Assistant Accounts Officers comes to about 98. As per submission of the petitioner himself, 120 Assistant Accounts Officers have already been promoted, evidently their number already exceeds the prescribed quota. As such they have no claim for further promotion. As regards the existence of vacancies on the posts of Accounts Officers, the same will be filled in from those sources whose number falls short of the prescribed percentage. Due to amalgamation of different cadres in one cadre and because of filing of cases in different Courts by some of the Assistant Accounts Officers, the finalisation of seniority of the Assistant Accounts Officers has become a difficult and cumbersome task. However, efforts are being made to finalise the seniority list at the earliest. It has further been mentioned that seniority of the promoted and directly recruited Assistant Accounts Officers will be decided according to the provisions of the Service Rules and the apprehension of the petitioner is misconceived. Whatever vacancies of Accounts Officers exist they will be filled in from different sources in accordance with their prescribed quota. 5. Before discussing the merits of the petitioner's claim, we deprecate the Policy of ad hocism prevailing in various departments of the State Government either in the matter of appointment or promotion which gives rise to influx of writ petitions in this Court. This policy gives unbridled and uncanalised power in the hands of the departmental authorities to appoint or promote persons according to their sweet will. Instead of making regular selection or promotion on the vacant posts, the departmental heads appoint and promote persons on ad hoc basis giving rise to the apprehension in the minds of other section of the employees who are unable to get favour from the departmental heads that they have been discriminated against favourites.
Instead of making regular selection or promotion on the vacant posts, the departmental heads appoint and promote persons on ad hoc basis giving rise to the apprehension in the minds of other section of the employees who are unable to get favour from the departmental heads that they have been discriminated against favourites. In the instant case, the opposite parties have given a categorical undertaking that the vacancies on the posts of Accounts Officer will be filled in from those sources whose number fall short of the prescribed percentage and efforts will be made to finalise the seniority list at the earliest, The opposite parties have clearly stated that the seniority or promoted and directly recruited Assistant Accounts Officer will be decided according to the provisions of service rules. In view of this clear indication in the counter affidavit, we do not want to interfere into the matter but direct the opposite parties within a period of three months from the date of communication of this order by the petitioner to the opposite parties, shall finalised the combined seniority list to avoid bitterness and rancour existing between the two set of employees. 6. In view of what we have observed hereinabove, this writ petition is finally disposed of. In the circumstances of the case there shall be no order as to costs. Stay order, if any, stands discharged.