JUDGMENT

Chandrachud, J.:—On February 7, 1959 the appellant, S. Ramaswamy, was appointed as an Assistant Development Officer in the Directorate General of Technical Development in the Ministry of Industry and Civil Supplies, Government of India. In 1964 he was appointed as a Development Officer on an ad hoc basis and that appointment was regularized in May, 1966. On December 1, 1966 the post of Officer on Special Duty was created in the Directorate in order to deal effectively with the development of agrobased food processing industries. The Director General (Technical Development) recommended the appellant for appointment to the post and in course of time the appointment was duly made.

2. In 1974 a question arose regarding promotion to the selection post of Industrial Adviser in the Directorate, Respondents 6 to 11 and some others who were working as Development Officers filed writ petition No. 612 of 1974 in the Delhi High Court asking that the Government of India be restrained from promoting the appellant to the post of Industrial Adviser and that their claims to the post be considered in preference to the appellants claim. that petition was dismissed on September 17, 1975.

3. Dur