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Judgment
Ramesh Ranganathan, CJ
The jurisdiction of this Court, under Article 226 of the Constitution, has been invoked seeking a writ of mandamus commanding the respondent to consider the case of the petitioners for promotion to the post of Assistant General Manager (Technical) by convening a Departmental Promotion Committee within a stipulated time frame. The petitioners claim to be eligible for promotion to the post of Assistant General Manager (Technical). Their grievance is that, despite existence of vacancies, no departmental promotion committee is being constituted and, consequently, the petitioners' candidature, for promotion to the post of Assistant General Manager (Technical), is not being considered; and these posts are being kept unfilled, and instead employees, who are junior to the petitioners in service, are being permitted to officiate in such posts for a considerable length of time.
Mr. M.C. Pant, learned counsel for the petitioners, would draw our attention to the letters addressed by the Secretary, Personnel Department on 04.07.2007 and 09.07.2010, informing the Corporation that vacancies should be determined in the month of May each year; and the vacancies, so determined, should be filled-up by constituting a Departmental Promotion Committee before the 30th of June each year. Learned Counsel would submit that these directions are binding on the respondent corporation, and must be adhered to.
The Uttarakhand State Transport Corporation is a statutory body constituted under the State Road Transport Corporations Act, 1950. Since it has a legal entity distinct from that of the Government, it is doubtful whether the Secretary to the Government can, by way of a mere letter, dictate as to when and how the Corporation should fill-up its vacant posts. Matters relating to filling-up of vacant posts are in the executive realm, and it is for the Corporation, in its wisdom, to decide when and how to fill up the vacancies, and not for this Court to direct them to do so within a specified time frame. Questions as to whether the posts should be filled-up permanently, or persons should be asked to officiate in such posts for a limited duration, are again matters for the Corporation to decide.
Suffice it, in such circumstances, to direct the respondent-Corporation to examine the petitioners request for filling up of the vacant post of the Assistant General Manager (Technical); and, if it is satisfied that the said post should be filled up and not kept vacant, to then constitute a Departmental Promotion Committee in accordance with its Statutory Regulations.
We may not be understood to have expressed any opinion on whether or not the aforesaid letters issued by the Secretary to the Government binds the Corporation. The order now passed by us shall also not be construed as a direction to the Corporation to fill-up the vacant post of Assistant General Manager (Technical), for these are all matters for the Corporation to decide. All that we are directing the Corporation to do, is to examine the matter, and take a decision on whether or not the existing vacancies, in the post of Assistant General Manager (Technical), should be filled-up. Such a decision shall be taken by the Corporation with utmost expedition and, in any event, within a period of two months from the date of production of a certified copy of this order.
The Writ Petition stands disposed of accordingly. No costs.