LexUNION OF INDIA AND ORS. versus N.Y. APTE AND ORS
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A B UNION OF INDIA AND ORS. v. N.Y. APTE AND ORS .. AUGUST 4, 1998 [SUJATA V. MANOHAR, M. SRINIVASAN, JJ.] Service Law-Promotion-Equation of posts-To widen the field of consideration for promotion by prescribing different length of experience on different posts-Held, permissible, particularly when educational C qualifications and scales of pay are almost equal-Hence, equating posts on the basis of longer experience in lower post not irrational or bad-The equation of posts is matter within the domain of rule-making authority, unless unreasonable or irrational criterion is followed, the court ought not to interfere.-Jndian Meteorological Department (Class I and Class II D )posts Recruitment Rules, 1969-lndian Metoro/ogical Service (Group 'A' Posts) Recruitment Rules, 1978-Meteorological Service (Group 'A' Posts ) Recruitment (Amendment) Rules, 1983, Constitution of India, Art. 16 & 14 and 309. The post of Meteorological Grade-I (MG-I) and Meteorological Grade- E II (MG-II) were class-I Gazetted posts, whereas the post of Asst Meteorological (AM) was class-II Gazetted posts. All the three posts were selection posts. The Indian Meteorological Department (class I & class II ) Post Recruitment Rules, 1969 was partially superseded by the Indian Meteorological Service (Groups 'A' Post) Recruitment Rules, 1978. The changes are as F under: POST 1969 RULES 1978 RULES [CHANGES] Asst. 50% by promotion No change Metrologist from professional AM Asst. And 50% by G direct recruitment. Meteorologist 50% by promotion 50% promotion quota Group-II from Asst. Metrologist from AM abolished. (MG-II) and 50% by direct 100% by direct recruitment. recruitment. H Meteorologist 100% by promotion AM also made eligible 988 ~~ ... Group-I (MG-I) U.0.1. v. N.Y. APTE fromMG-U Critieria for promotion to MG-I 989 a) 5 year's service as MG-U,or b) 8 years A combined service as B MG-II and AM, or c) 10 years service as AM. ( Made to 8 years service by 1983 amendment) The educational qualification for all the three posts were same and the C scales of pay were almost equal. The 1978 rules widened the field of consideration for promotion to the post of MG-I by including persons who had put in long number of years of service either as AM exclusively or as MG- 11 and AM put together. Respondent filed a writ petition challenging the validity of the aforesaid amendment that the said rules were void and ultra virus the Constitution. The writ petition was transferred to the Central Administrative Tribunal, who opined that by virtue of the amendment, the post of AM had been equated to the post of MG-II and thereby unequals were treated as equals and struck D down the said rules as unconstitutional. Hence, this appeal. E Allowing the appeal, this Court HELD : I. When educational qualifications arc same and the scales of pay are almost equal there is nothing wrong in equating MG-II with five years' approved service in the grade with MG-II with total of8 years' combined p approved service in the grades of MG-II and AM, as well as AM with 10 years' approved service in the grade. Mere fact that on account of certain fortuitous or other circumstances, a person with ,qual educational qualification entered the service in a lower grade will not keep him permanently inferior or unequal to a person who had entered in a higher grade and prevent him from being placed on par with the latter after gaining G sufficient experience in the service. All that has been done in the Rules is only to include such persons in the field of consideration and to give an -. opportunity to them to be considered for promotion. Such promotion is by selection which is to be considered by a board consisting of high officials _ in consultation w!th UPSC. There is no justification in respondents' contention that they have been deprived of their right to promotion. Chances of promotion H 990 SUPREME ,COURT REPORTS [1998] 3 S.C.R. A are not a right, nor a condition of service. It is also untenable to say that unequals have been made equals. The matter regarding equality of posts is entirely within the domain of rule making authority and unless the rule is wholly unreasonable and irrational, court will not interfere with same. [993-D-H] B CIVIL APPELLATE JURISDICTION: Civil appeal No. 881 of 1993. From the Judgment and Order dated 20.2.92 of the Central Administrative Tribunal, New Delhi in T
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