Council
of Scientific & Industrial Research New Delhi & ANR Vs. M. V. Sastry
& ANR [1997] INSC 694 (1 September 1997)
SUJATA
V. MANOHAR, M. JAGANNADHA RAO
ACT:
HEADNOTE:
Mrs. Sujata
V. Manohar, J.
The
Council of Scientific & Industrial Research (hereinafter referred to as
`OSIR') is a society registered under the Societies Registration Act XXI of
1860. It has been constituted inter alia, for the purposes of (a) Scientific
& Applied Industrial Research of National importance; (b) Setting up
Research & Development Projects of National priority with over-all planning
for science and technology in the country and for other similar goals including
setting up Research & Development Projects sponsored by industries in
public/private sector. The respondent was initially given a temporary
appointment as Junior Scientific Assistant with effect from 3.1.1959 in Central
Food & Technological Research Institute ('CFTRI' for short), an institute
under the aegis of 'CSIR'.
By its
advertisement No. 70/59 'CSIR' invited applications for various posts. The
advertisement, inter alia, invited applications for four posts of Senior
Technical Assistants. The qualifications for this post were as follows:- "M.Sc.
Degree in Chemistry Physics Chemical Engineering or in allied field of technology
preferably by research with 2-3 years experience of Industrial Intelligence. Survey
and Production, Pilot Plant work or research development etc.
Experience
in liaison work in trads and industry. Workable knowledge of some foreign
languages." The respondent applied for the post of Senior Technical
Assistant. He was selected and by order dated 1.11.1969, he was appointed to
the post of Senior Technical Assistant in the Industrial Liaison Office at Jaipur
in the pay-scale of Rs. 250-500. The respondent holds a Post Graduate Degree in
Bio-Chemistry.
Thereafter,
the respondent sought a transfer to 'CFTRI' at Mysore which was granted. He was promoted first to the post of
Scientist on the initial pay of Rs. 600/- in the pay-scale of Rs. 400-950 with
effect from 21.3.1966. He was subsequently promoted as Scientist-'C' with
effect from 20.3.1973. He continued in this post till his retirement on
superannuation on 30.9.1984.
Prior
to his retirement the respondent made a representation dated 20.9.1982 seeking
an addition of five years of qualifying service for computation of his pensionary
benefit under Rule 30 of the CCS (Pension) Rules, 1977. He was informed by the
appellants by their letter dated 17.11.1989 that he did not fulfil the
conditions stipulated in Rule 30. Hence his request could not be acceded to.
Thereafter the respondent made a further representation dated 29.1.1990 for
reconsideration of his case which was also rejected by the appellants by their
letter dated 24.2.1992.
The
respondent made Application No. 319 of 1992 before the Central Administrative
Tribunal, Bangalore bench praying, inter alia for
giving him the benefit of Rule 30 of the CCS (Pension) Rules, 1972 and to
re-compute his retirement benefits accordingly. He also sought a direction for
payment of differential amount together with interest.
This
application has been granted by the Tribunal. It has, however not granted any
interest to the respondent. The present appeal is filed from this judgment and
order of the Tribunal dated 15.9.1993.
The
relevant provisions of Rule 30 of CCS (Pension) Rules are as follows:- Rule 30:
Addition to qualifying service in special circumstances:
(1) A
Government servant who retires from a service or post after the add to his
service qualifying for superannuation pension (but not for any other class of
pension) the actual length of his service or the actual period by which his age
at the time of recruitment exceeded twenty-five years or a period of five
years, whichever is less, if the service or post to which the Government
servant is appointed is one- (a) for which post-graduate research, or
specialist qualification or experience in scientific technological or
professional fields, is essential; and (b) to which candidates of more than
twenty-five years of age are normally recruited:
Provided
that this concession shall not be admissible to a Government service unless his
actual qualifying service at the time he quits Government service is not less
than ten years:
Provided
further that this concession shall be admissible only if the recruitment rules
in respect of the said service or post contain a specific provision that the
service or post is one which carries the benefit of this rule.
...................................
...........
(2)
...............................
(3)
............................. " It was contended by the appellants before
the Tribunal that the provisions of Rule 30 would not be attracted because
there was no express specific provision in the requirement rules relating to
the said post to the effect that the post is one which carries the benefit of
this rule.
This
contention, however, has been rightly negatived by the tribunal. Till 1980
'CSIR' had not adopted this concession.
In
1980 'CSIR' extended this provision only to the Scientists and Technologists
appointed in the pay-scale of Rs. 1500-2000 and above. However, vide
notification 19.5.1982 the benefit of this rule was extended to all scientific
and technical staff. Thereafter by a notification dated 28.10.1987 this benefit
was extended even to those who had retired from service after 31.3.1960.
Therefore, the respondent is entitled to the benefit of Rule 30 of he is
otherwise eligible for the same.
The
first requirement under Rule 30 is that the post to which the government
servant is appointed is one for which post-graduate research is essential or
any specialist qualification or experience in scientific, technological or
professional fields, is essential. For the post of Senior Technical Assistant,
the qualification is an M. Sc. Degree in Chemistry, Physics, chemical
Engineering or any allied field of technology. This cannot be considered as a
post- graduate research qualification. Undoubtedly, the advertisement says that
M.Sc. Degree in any of these subjects should be preferably by reproach but it
is not essential that the candidate should have a post-graduate research
qualification. The respondent has an M. Sc. Degree in Bio-Chemistry. This
cannot be looked upon as a post- graduate research or specialist qualification.
This becomes clear if one looks at the qualification for some of the other
posts which were advertised by 'CSIR'. For example, the appellants have drawn
our attention to an advertisement in 'The Hindu' of December 12, 1954 for the post of Junior Scientific officer, Bio-Chemistry
Division where the qualifications prescribed by 'CSIR' are: M.Sc. or Ph.D. in
Biochemistry or Microbiology with at least two years in work on Bacterial
Chemistry. Experience of work in antibiotics will be an additional
qualification. Here specialist qualifications and experience are clearly
prescribed, unlike the general qualifications and experience prescribed in the
present case. In the advertisement there is also a preference indicated for a
candidate possessing two or three years experience in industrial intelligence
or survey and production or pilot plant work or research development etc..
as
also experience in liaison work with trade and industry.
This
is not "specialist" experience in scientific, technological or
professional fields. This is a general outline of the various kinds of
experiences, at least some of which the candidate should have, over a period of
two or three years. Clause (a) of Rule 30, therefore is not satisfied in the
case of the respondent.
The
second part of the rule is that it should be a post to which candidates of more
than twenty-five years of age are normally recruited. The appellants have
pointed out that the intention underlying Rule 30 (1) is to compensate a
government servant for the time taken by him in securing the specialist
qualifications or experience which are essential for appointment to the post to
which he is appointed. The qualifications and experience which are prescribed
in the present case do not indicate that they would normally takes so much time
that any candidate who possesses such qualifications and experience would be
normally more than twenty-five years in age. A Master's Degree in one of the
general fields of Chemistry, Physics Chemical Engineering or any allied field
with two years experience need not necessarily push a candidate beyond the age
of twenty-five years. Secondly, experience of the type required does not appear
to be a mandatory requirement. Only a preference is indicated for candidates
who possess the kind of experience which is prescribed. Therefore, both the
conditions of Rule 30 are not satisfied by the respondent.
The
respondent has contended before the Tribunal that there were other officers in
'CSIR' who were given the benefit of Rule 30. The appellants have pointed out
that none of the officers so mentioned by the respondent were appointed to the
post to which the respondent was appointed.
They
were required to much higher post for which specialist qualifications/research
experience were assential.
The
appeal is, therefore, allowed and the impugned order of the Tribunal is set
aside. There will, however, be no order as to costs.
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