The main legal point established in the judgment is that the post of Employment Officer could only be filled up by promotion after consultation with the Public Service Commission, and the ad hoc service of promotees prior to approval by the Public Service Commission cannot be counted for seniority.

Judgment

PATTANAIK, J.

( 1 ) NEVER ending dispute of inter se seniority between the direct recruits and the promotees in a cadre has cropped up in this appeal, arising out of the judgment of the Division Bench of Calcutta High Court. The cadre in which the inter se seniority is required to be determined is the cadre of Employment Officer in the Directorate of National Employment Service in the State of West Bengal. The Governor of West Bengal has framed a set of Rules in exercise of power conferred under proviso to Art. 309 of the Constitution providing the method of recruitment and the qualification required for the Gazetted post in the Directorate of National Employment Services (hereinafter referred to as the recruitment Rules ). Under the Rules the cadre of Employment Officer could be filled up by direct recruitment on the results of West Bengal Civil Services (Executive and Allied Services) Examination for Group A as well as by promotion. For the promotion, the feeder category is the Junior Employment Officer, Superintendent and U. D. Clerk of the Directorate of NES, West Bengal, Supdt. and U. D. Clerks of Regional Employment Exchanges and U. D. Clerks of the Sub-Regional and District Employment Exchange; Inspectors of Statistics and Statistical Assistants. Under R. 3-A (2) of the Recruitment Rules the ratio between the direct recruitment and the promotion is 50:50. For being eligible for promotion to the post of Employment Officer it is necessary that the person concerned should have 6 years of qualifying service in the feeder post. During the period 1976 to 1982 the appellants were appointed as District Employment Officers, as direct recruits, on being selected by the West Bengal Public Service Commission on the basis of their results of the Recruitment examination held for the post in West Bengal Civil Service (Executive ). On 2-10-1978 and 13-9-1979, Government issued two Notifications promoting 50 employees belonging to the feeder category on ad hoc basis to the post of Employment Officer for a period of 6 months, and respondents 6 to 30, the contesting respondents are included within the same 51. The letter of appointment on promotion unequivocally indicated that the appointment is purely on ad hoc basis subject to the approval of the Public Service Commission and is liable to be terminated at any time without notice. The post of Employment Officer being a post carrying the pay scale of more than Rs. 750. 00 per month, for filling up those posts on promotional basis it was necessary to consult Public Service Commission, as required under S. 3-A of the West Bengal Public Service Commission (Exemption from Consultation) Regulation, 1955, (hereinafter referred to as "the Exemption Regulation" ). As has been stated earlier, the post by direct recruitment is filled up on the basis of the competitive test held by the Public Service Commission for the West Bengal Civil Services. On 26-12-1980 the Labour Department of the Government of West Bengal moved the Public Service Commission for approving the panel of the 51 persons who had been promoted on ad hoc basis as District Employment Officers. Without the approval of the Public Service Commission and because of the exigency of service Government had promoted respondents 6 to 30 in 1980-81. As stated earlier, the appointment letter had unequivocally indicated that the same is on ad hoc basis for a period of 6 months with effect from the date the appointees assume charges or until further order whichever is earlier, and the appointment is subject to the approval of the Public Service Commission and is liable to be terminated at any time without any notice. Notwithstanding the aforesaid terms and conditions in the appointment letter of the promotees, as Government continued them beyond the period of 6 months without any approval of the Public Service Commission, the direct recruits filed the writ petition in the Calcutta High Court with the prayer that the ad hoc promotees shou