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. During the pendency of the writ petition filed by respondents 6 to 11, the appellant had made a representation to the Departmental Promotion Committee for considering his preferential claim to the post of Industrial Adviser. That Committee met on August 7, 1975 for proposing a panel of officers for being considered for appointment to the post of Industrial Adviser, but the appellants representation was not placed before the Committee. The appellant made a further representation to the Government on August 18, 1975 complaining that though he was eligible for being appointed to the post of Industrial Adviser, his name was not included in the list of eligible officers which was forwarded to the Departmental Promotion Committee for due consideration for appointment to the post.

4. The Committee, in its meeting of August 7, 1975 decided to recommend respondents 6 and 7 for appointment as Industrial Advisers. On October 31, 1975 the appellant filed writ petition No. 1077 of 1975 in the Delhi High Court to restrain the Government from implementing the recommendation and to restrain respondents 6 and 7 from taking charge of the posts of Industrial Advisers. That petition was dismissed in limine by a Division Bench of the High Court on October 31, 1975. This appeal by special leave is directed against the speaking order which was passed by the High Court while dismissing the writ petition summarily.

5. Recruitment to the post of Industrial Adviser (Chemicals) was governed originally by the Directorate General of Technical Development (Class I Posts) Recruitment Rules, 1963. Item 6 of the Schedule annexed to those Rules related to appointment to the post of Industrial Adviser (Chemicals), a Class I selection post, then generally in the scale of Rs. 1300-100-2000. One of the methods of recruitment to the post, as specified in column 9 of the Schedule, was by promotion, Column 10 which regulated appointments by promotion read thus :

"Promotion:- Development Officer having a minimum experience of 10 years in the grade provided however, that in the scale of Rs. 1300-60-1600-100-1800, the minimum experience shall be five years in that grade."

6. In exercise of the powers conferred by Article 309 of the Constitution, the President on January 30, 1974 made the Directorate General of Technical Development (Class I Posts) Recruitment (Amendment) Rules, 1974. Rule 2 of these Rules amended column 10 of the Schedule to the Rules of 1963 by substituting the following entry for the one extracted above:-

"Promotion :

(i) Officer on Special Duty (Food Processing Industries) with 5 years regular service in the grade; failing which with 10 years regular service in the grade of Development Officer and Officer on Special Duty (Food Processing Industries) combined together of which 4 years