UNION OF INDIA Vs. T R MOHANTY

JUDGEMENT

(1.) Ia No. . of 1995 in CA No. 3844 of 1989 for clarification is taken on board.

(2.) In Civil No. 3844 of 1989 decided by a two-Judge bench of this court (of which one of us was a member) the question before this court was whether the retrospective operation of the amended Rule 13 of the Indian Statistical Service Rules, 1961 (the Rules) was constitutionally valid. Upholding the judgment of the central Administrative tribunal, this court came to the conclusion that so far as the retrospective operation of Rule 13 of the Rules was concerned, it was unconstitutional and as such inoperative. Prior to the amendment of the Rules, out of turn promotions were given to the Scheduled Caste candidates on the interpretation of the existing rules. The tribunal came to the conclusion that the Scheduled Caste candidates were not entitled to the benefits under the existing rules and as such promotions given to them were struck down. Meanwhile, Rule 13 of the Rules was amended with retrospective effect to leglise the promotion and also to overcome the judgment of the tribunal. This court upheld the judgment of the tribunal on the interpretation of the existing rules and also came to the conclusion that the amended Rule 13 of the Rules, to the extent it was operative retrospectively, was invalid.

(3.) The tribunal had given relief only to the petitioner before the tribunal namely Mr T. R. Mohanty. This court while dismissing the appeal filed by the Union of India granted relief to all those officials belonging to general category who were similarly situated to that of Mr Mohanty.