UNION OF INDIA AND ORS. versus K.K. VADERA AND ORS.

Citation: [1989] SUPP. 1 S.C.R. 751 · Decided: 26-10-1989 · Supreme Court of India · Bench: M.M. DUTT · Disposal: Appeal(s) allowed

Judgment (excerpt)

UNION OF INDIA AND ORS. 
A 
v. 
K.K. V ADERA AND ORS. 
OCTOWR 26, 1989 
[MURARI MOHON DUTI AND S. NATARAJAN, JJ.] 
B 
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'-
C 
Held effective from the date promotion is granted. 
Under Rule 8(l)(a). of the Defence Research & Development 
Senice 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; 
D . 
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 Tri-
, hunal, contending that since the posts to which they had been promoted 
E 
were created between 1984 and 1985, they should have been promoted 
with effect from Joly 1984, as was done on previous occasions upto 
1983, when promotions were effected from 1st Joly of the year in which 
promotions took place. 
• 
The Tribunal rejected the prayer of the respondents and directed 
p 
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. 
G 
Allowing the appeal, this Court, 
HELD: 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. Similarly, when 
additional posts are created, promotions to those posts can be.granted 
751 
752 
SUPREME COURT REPORTS 
[1989] Supp. 1 S.C.R. 
A 
only after the Assessment Board has met and made its recommenda-
tions 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] 
B 
c 
D 
E 
In the instant tase, there is no statutory provision that the promo-
tion 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 0.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 
p 
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 
(J 
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 
fl with effect from the date on which the promotional posts were created. 
• 
~ 
U.0.1. v. K.K. VADERA [DUTI, J.] 
753 
The short question involved in this appeal is whether the Tribunal was 
A 
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 

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