LexI.C.A.R. AND ANR. versus T.K. SURYANARAYAN AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
I.C.A.R. AND ANR.
v.
T.K. SURYANARAYAN AND ORS.
AUGUST 5, 1997
[G.N. RAY AND G.B. PATTAN~K, JJ.]
Technical Service Rules of Indian Council of Agricultural Research.
Rules 5 and '7--Promotion on the basis of educational qualifica-
C tion--Fitment in Grade T-1-3-Claim for accelerated promotion to Grade
T-2-3-Rules not providing such a promoti01~Held, even if in some cases,
e1r01ieous promotions had been given contrary to the Rules, an employee
cannot base his claim for promotion contrary to the statutory service 1Ules in
law court~espondent were not entitled to get initial fitment in grade T-1-3,
a'nd, as such, are not entitled to accelerated promotion on basis of education-
D al qualification consequent upon the initial fitment in grade T-1-3 to Category
[.
Director, Central Rice Researcfi Institution, Cuttack and Anr. v. Khetra
Mohan Das, (1994) Supp. 3 SCC 595, relied on.
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5502 and
F
5504 of 1997.
Form the Judgment and Order dated 25.11.93 and 31.5.94 of the
Central Administrative Tribunal, Hyderabad in OA. No. 992 of 1991 and
270 of 1991.
A.K. Sikri, V.K. Rao, Piyush Sharma and Ms. Madhu Sikri for the
Appellants.
Sanjeev Malhotra and U.U. Lalit for the Respondents.
G
The following Order of the Court was delivered :
Leave granted. Heard learned counsel for the parties.
Appeal arising out of SLP(C) No. 16873 of 1995, the order passed
by the Central Administrative Tribunal, Hyderabad Bench on 25th Novem·
H ber, 1993 in O.A. No. 992/91 is under challenge. The Tribunal by the
322
LC.AR. v. T.J.{. SURYANARAYAN
323
impugned judgment has allowed the application filed by the respondents A
Nos. 1 to 3 in view of the fact the Indian Council of Agricultural Research
having allowed large number of employees to get promotion in different
units ·on the b.asis of educational qualification and the said respondents
having also been given promotion on the basis of higher educational
qualification should not suffer any prejudice by denyirig such promotions B
on the ground that the Technical Service Rules of Indian Council of
Agriculture Research enforced with effect from 1.10.1975 do not permit
such promotion. The Tribunal has also proceeded on the footing that if the
said respondents had reached the grade of T-1-3 category I even on
promotion, the said respondents, having requisite qualification for holding
the posts in Grade T-2-3 of category 2, was entitled to accelerated promo-
C
tion to the said T-2-3 grade.
It may be indicated that in a similar case, the indian Council of_
Agricultural Research and Director, Central Tobacco Research Institute,
Rajamundry challenged the ·decision of the Central Administrative D
Tribunal, Cuttack Bench against the judgment of the said Tribunal in
favour of one Shri Khetra Mohan Das.
A three Judge's Bench of this Court has considered the import of
Rule 5-1 and 7-2 of the said Service Rules coming into force on 1st October
1975. It has been clearly indicated in the said decision of this Court E
reported in (1994) 6 J.T. 482 SC = (1994] Suppl 3 SCC 595 that the
question of fitment in grade T-1-3 in category No. 1 and consequential
accelerated promotion to grade T- 2-3 in category No. 2 on the basis of
educational qualification of such employee on the date of enforcement of
the said service Rules in one time exercise. If an employee does not get F
fitment on the date of enforcement of the said Rules in the grade T-1-3 of
category I, the question of accelerated promotion to Grade T-2-3 of
category-2 on the basis of educational qualification can not arise. It has
been clearly indicated that despite higher educational qualification re-
quired for holding the post in Grade T-2-3, if the initial fitment has not G
been made in Grade T-1-3 such employee is not entitled to claim ac-
celerated promotion to Grade T-2-3 of category 2. Such employee can
come to the higher. grade only on the basis of promotion as envisaged in
Rule 7. It may however be indicated at this stage that later on there has
been some relaxation in the matter of requisite educational qualification
for holding the post in grade T-2-3. It has been held in the case of Khetra H
324
SUPREME COURT REPORTS (1997) SUPP. 3 S.C.R.
A Mohan Das that promotion cannot be given contrary to the said Service
Rules. Preolsely for the said reason, the decision of the Central Ad-
ministrative Tribunal, Cuttack Bench in Khetra Mohan's cExcerpt shown. Read the full judgment & AI analysis in Lexace.