UNION OF INDIA Vs. S K SAIGAL

JUDGEMENT

(1.) The challenge in these appeals is to the orders dated 22.8.2003 and 27.2.2004 passed by the Division Bench of the High Court affirming the order dated 30.10.2002 passed by the Central Administrative Tribunal (CAT) allowing the petition of the respondents.

(2.) Briefly stated, the facts are as follows: The respondents were working as Junior Hydro-Geologist, Junior Geophysicist Chemists and Hydro-Meteorologists (Scientists Grade B). Their cases for consideration for promotion to the posts of Scientists Grade C were declined on the ground that the departmental candidate should have put in at least 5 years as Scientists Grade B in the scale of Rs. 2200-4000 in accordance with Rule 7 (2)(b) read with column 12 of Central Ground Water Board (Scientific Group A Posts) Recruitment Rules, 1995 (hereinafter the Rules). We will deal with the Rules later at an appropriate time.

(3.) The grievance raised before the Tribunal was that the deputationists with 8 years of experience in the scale of Rs. 2000-3500 were allowed to be promoted as Scientists Grade C in the scale of Rs. 3000-4500 whereas in the case of the departmental candidates working in the scale of Rs. 2200-4000 it was made mandatory for putting in regular 5 years service in Grade B for promotion to Grade C and it is, therefore, discriminatory. It was also claimed that although the respondents have not completed 5 years of service in Grade B in the scale of Rs. 2200-4000, they have already completed 8 years of service in the scale of Rs. 2000-3500 and, therefore, they are entitled to be promoted to Grade C posts in the scale of Rs. 3000-4500, as in the case of deputa-tionists.