J.E.
Dawson Vs. National Museum & Ors [2008] Insc 236 (21 February 2008)
H.K.
Sema & Markandey Katju
O R D
E R
CIVIL
APPEAL NO.2514 OF 2002
Heard
the parties.
The
controversy involved in this appeal is with regard to the promotion from the
post of Deputy Keeper(Archaeology) to the post of Curator/Keeper (Archaeology).
Under the Rules the post of Deputy Keeper (Archaeology) is a feeder post for
promotion to the post of Curator/Keeper(Archaeology). Under the relevant
recruitment rules the requisite qualification is five years serving as Deputy Keeper(Archaeology).
The
question raised in this appeal is, as to whether the appellant possessed
requisite qualification for the promotion to the post of Curator/Keeper(Archaeology).
Undisputed facts are that the appellant was appointed as Deputy Keeper(Archaeology)
on 01.04.1992. He was promoted to the post of Curator/Keeper (Archaeology) on
22.06.1999.
The
Rules clearly provides that for the post of Keeper(Archaeology) the appointment
is made by way of promotion, failing which by direct recruits. The Tribunal
also found that the requisite qualification is five years in the grade. The
Tribunal has also recorded a finding that the respondent was not Deputy Keeper(Archaeology)
and, therefore, he is not entitled to be promoted to the post of
Curator/Keeper(Archaeology).
The
appellant was appointed as Deputy Keeper(Archaeology) with effect from
01.04.1992 and he was promoted to the post of Curator/Keeper(Archaeology) on
22.06.1999. We are of the view that the appellant has possessed requisite
qualification of five years in the grade.
In
that view of the matter, the conclusion recorded by the High Court and the
Tribunal that the appellant did not possess requisite qualification is clearly
erroneous and is accordingly set aside. The appeal is allowed. No costs.
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