CASE NO.: Writ Petition (civil) 390 of 1995 PETITIONER: SCHEDULED CASTE UPLIFT UNION AND ANR. RESPONDENT: UNION OF INDIA AND ORS. DATE OF JUDGMENT: 20/04/1995 BENCH: R.M. SAHAI & B.L. HANSARIA JUDGMENT:
JUDGMENT
1995 (3) SCR 634
The following Order of the Court was delivered:
The petitioners working under the Directorate General of Quality Assurance
and holding the post of Junior Scientific Officers, a Class-II post on the
date the petition was filed, seek a direction that the amendment in the
Rules which provide that Junior Scientific Officer (Promotees) in order to
hold the post of Senior Scientific Officers-II should have a Master’s
Degree, be declared ultra vires. In the alternative it is claimed that
since the petitioners were empanelled as Junior Scientific Officers Grade-
II they were entitled to same benefit under the Rules framed by the
Government as was extended to those promotees who were working on the post
of Senior Scientific Officers Grade-II.
Relevant Rules framed by Ministry of Defence are known as Defence Quality
Assurance Rules, 1979. Rule 8 of it provides that 50% of the posts of
Senior Scientific Officers are to be filled by promotion on basis of
selection on merit from the grade of Junior Scientific Officers. The number
of posts, designation, pay and eligibility are provided by Schedule I to
the Rules. The post of Senior Scientific Officer Grade II is mentioned at
serial no. 6. The entry is reproduced below :
Grade from which
Sl. Designation Scale of No. of promotion is permissible
No. of post pay posts and the minimum eligibility
period prescribed
1.
2
3
4
5
6. Senior Rs. 700-40- 200 Junior Scientific Officer
Scientific 900EB-40- with 3 years’ regular
Officer 1100-50-130C service in the grade and
Grade-II possessing degree in Engineering
/Masters degree in Science or
equivalent qualification. The
requirement of educational
qualification shall not
apply to those holding the
post of Junior Scientific
Officer on regular basis on
the date of promulgation
of these rules.
A Junior Scientific Officer thus could be promoted as Senior Scientific
Officer only if he had put in three years regular service and possessed a
Degree in Engineering. The petitioners did not satisfy either condition.
They were not working as Junior Scientific Officer on the date on which
these Rules were enforced. They were only Diploma holders. What is urged on
behalf of the petitioners is that the requirement of being possessed of a
degree was applicable for direct appointments and not to promotees. The
learned counsel vehemently urged that once a person holding diploma was
selected as a Junior Scientific Officer then for purposes of promotion to
the post of Senior Scientific Officer the eligibility criteria of higher
qualification could not be applied to him. The learned counsel further
urged that the petitioners having worked for quite long time they were
entitled to be promoted on basis of their experience. And the requirement
of degree should not be adhered to. The Rules came into force in September
1979. The feeder post for Senior Scientific Officer Grade. II under
Schedule I to the Rules is Junior Scientific Officer. Therefore, no one
could be promoted unless he satisfied the eligibility criteria as laid down
in the Rules. The petitioners had no doubt been empanelled on the earlier
Rules, for being promoted to the post of Junior Scientific Officers, but
that did not confer any right on them to be considered for higher post.
They were not Junior Scientific Officers. They had not even acquired any
experience of Junior Scientific Officer. Mere entitlement to be appointed
as Junior Scientific Officer did not make them a Junior Scientific Officer.
Since the petitioners were not working as Junior Scientific Officers they
could not be said to have undergone three years’ regular service as such.
Further they are only diploma holders. Neither of the eligibility criteria
was satisfied. Since on the date when Rules came into force they were not
even Junior Scientific Officers they cannot successfully claim to have been
affected by the rule. Even the submission that the requirement of
possessing a degree for being appointed to the post of Senior Scientific
Officer Grade II applied only to direct appointments and not to the
promotion is not made out by Schedule I to 1979 Rules. The submission of
the learned counsel that this provision should be read by bifurcating into
two and the requirement of three years should be taken for promotion and
engineering for the direct recruitment is without any substance.
The submission of the learned counsel that the petitioners who were
empanelled should be extended the same benefit as those who were working on
regular basis too cannot be accepted as those who were empanelled could not
be treated alike to those who were working and holding the post of Junior
Scientific Officer.
In the result, this petition fails and is dismissed.
Petition dismissed.