Union of India & Ors Vs. K.K. Vadera
& Ors [1989] INSC 328 (26 October 1989)
Dutt,
M.M. (J) Dutt, M.M. (J) Natrajan, S. (J)
CITATION:
1990 AIR 442 1989 SCR Supl. (1) 751 1989 SCC Supl. (2) 625 JT 1989 (4) 221 1989
SCALE (2)939
ACT:
Civil
Services: Promotion--Effective date--Promotion granted/ post created.
Defence
Research and Development Service Rules, 1970:
Rule
8--Promotion of Junior Scientific Officers to posts of Scientists 'B'-Held
effective from the date promotion is granted.
HEAD NOTE:
Under
Rule 8(1)(a) of the Defence Research & Development Service Rules, 1970,
Junior Scientific Officers in the Defence Research & Development Organisation
were eligible for promotion to the posts of Scientists 'B' upto 50 per cent of
the vacancies in the grade.
The
respondents who were holding the posts of Junior Scientific Officers, and were
promoted to the posts of Scientists 'B' with effect from October 16, 1985 or
from the date they actually assumed charge of the posts filed an application
before the Central Administrative Tribunal, contending that since the posts to
which they had been promoted were created between 1984 and 1985, they should
have been promoted with effect from July 1984, as was done on previous
occasions upto 1983, when promotions were effected from 1st July of the year in
which promotions took place.
The
Tribunal rejected the prayer of the respondents and directed that the
promotions should be effective from the date on which the promotional posts
were created. The Union of India being aggrieved appealed to the Court.
On the
question whether the Tribunal was justified in directing the promotions to be
effective from the date the promotional posts were created.
Allowing
the appeal, this Court,
HELD:
After a post fails vacant for any reason whatsoever, a promotion to that post
should be from the date the promotion is granted and not from the date on which
such post falls vacant. Similarly, when additional posts are created,
promotions to those posts can be granted 752 only after the Assessment Board
has met and made its recommendations for promotions being granted. If, however,
promotions are directed to become effective from the date of creation of
additional posts, then it would have the effect of giving promotions even
before the Assessment Board has met and assessed the suitability of the
candidates for promotion. [754C-E] In the instant case, there is no statutory
provision that the promotion to the post of Scientist 'B' should take effect
from 1st July of the year in which the promotion is granted. There is also no
law or rule under which a promotion is effective from the date of creation of
the promotional posts. The Tribunal was, therefore, in error in holding that
the promotions should be effective from the date the promotional posts were
created. The orders of the appellants promoting respondents from October 16, 1985 will stand. [754B-C & F]
CIVIL
APPELLATE JURISDICTION: Civil Appeal No. 4494 of 1989.
From
the Judgment and Order dated 31.5.88 of the Central Administrative Tribunal, Allahabad in O.A. No. 427/1986.
B. Dutta,
ASG. (N.P.), C.V. Subba Rao, A. Subba Rao and P. Parmeshwaran for the
Appellants.
Harbans
Lal and A.K. Mahajan for the Respondents.
The
Judgment of the Court was delivered by DUTT, J. Special leave is granted. Heard
learned counsel for both parties.
The
respondents were holding the posts of Junior Scientific Officers (Group 'B'
posts) in the Defence Research & Development Service. They were promoted to
the posts of Scientists 'B' with effect from October 16, 1985 or from the date they would actually assume charge of the
posts. The respondents filed an application before the Central Administrative
Tribunal, Allahabad, claiming that they should have
been promoted to the posts of Scientists 'B' with effect from July 1, 1984. The Tribunal rejected the prayer
of the respondents that their promotions should have been made with effect from
July 1, 1984. The Tribunal, however, directed
that their promotions should be with effect from the date on which the
promotional posts were created.
753
The short question involved in this appeal is whether the Tribunal was
justified in directing that the respondents' promotion should be with effect
from the date the promotional posts were created.
Under
rule 8(1)(a) of the Defence Research & Development Service Rules, 1970,
hereinafter referred to as 'the Rules', all those who have been recruited
before the promulgation of the Rules as Junior Scientific Officers in the Defence
Research & Development Organisation on regular basis and possess the
educational qualifications and experience as laid down for direct recruits,
shall be eligible, till they are wasted out, for promotion to the post of
Scientist 'B' up to 50 per cent of the vacancies in the grade. Under the first
proviso to rule 8(1)(a), the total number of posts filled in that grade shall
at no time exceed 50 per cent of the total sanctioned strength for the grade on
the date of promulgation of the Rules, and that this concession shall also be
admissible to those persons who are appointed or promoted as Junior Scientific
Officers on regular basis on or after the promulgation of the Rules.
There
were a total number of 512 posts available in the grade of Scientists 'B' in
1979.1n view of rule 8(1)(a) of the Rules, the Junior Scientific Officers were
entitled to be promoted to the 50 per cent of these posts, that is to say to
256 posts. These 256 posts were filled up by promotion of the Junior Scientific
Officers between the period 1979 and 1983. According to the respondents, the posts
of Scientists 'B' to which they have been promoted with effect from October 16, 1985, were created between 1984 and 1985
and that, accordingly, the respondents should have been promoted to these posts
with effect from 1st
July, 1984. It was the
contention of the respondents that on previous occasions up to the year 1983,
promotions were given effect from 1st July of the year in which the promotions
were granted. It has been already noticed that the Tribunal has overruled the
said contention of the respondents and has directed that their promotions
should be with effect from the date the said promotional posts of Scientists
'B' were created. At the same time, it has been found by the Tribunal that the
flexible complementing scheme or SITU promotions, as provided in rule 8(2)(f)
of the Rules, were not available to the Junior Scientific Officers. It is not
disputed that the promotions of the Junior Scientific Officers to the posts of
Scientists 'B' are vacancy-based and such promotions are granted after the
assessment by the Assessment Board as provided in the Rules. It has also been
observed by the Tribunal that normally the promotions will take effect from the
date of the order granting such promotions. The only ground on which the Tri754
bunal has directed that the promotions of the respondents should take effect
from the date the posts of Scientists 'B' were created, is that up to 1983 such
promotions were given effect from 1st July of the year in which the promotions
were granted.
There
is no statutory provision that the promotion to the post of Scientist 'B'
should take effect from 1st July of the year in which the promotion is granted.
It may be that, rightly or wrongly, for some reason or other, the promotions
were granted from 1st July, but we do not find any justifying reason for the
direction given by the Tribunal that the promotions of the respondents to the
posts of Scientists 'B' should be with effect from the date of the creation of
these promotional posts. We do not know of any law or any rule under which a
promotion is to be effective from the date of creation of the promotional post.
After a post falls vacant for any reason whatsoever, a promotion to that post
should be from the date the promotion is granted and not from the date on which
such post falls vacant. In the same way when additional posts are created,
promotions to those posts can be granted only after the Assessment Board has
met and made its recommendations for promotions being granted. If on the
contrary, promotions are directed to become effective from the date of the
creation of additional posts, then it would have the effect of giving
promotions even before the Assessment Board has met and assessed the
suitability of the candidates for promotion. In the circumstances, it is difficult
to sustain the judgment of the Tribunal.
For
the reasons aforesaid, we set aside the judgment of the Tribunal directing that
the promotions of the respondents should be not from the date of the orders of
promotion, but from the date the posts were created. The orders of the
appellants promoting the respondents with effect from October 16, 1985 will stand.
The
appeal is allowed. There will, however, be no order as to costs.
N
.P.V. Appeal allowed.
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