UOI Vs. R C BAJPAYEE

JUDGEMENT

(1.) THE petitioner, Union of India through the Secretary, Ministry of Agriculture and Anr., have challenged the order dated 19th July, 2006 passed by the Central Administrative Tribunal, Principal bench in O.A No.30/2005 titled as ,,Sh. R.C.Bajpayee and Sh. Hari Singh v. THE Secretary, Ministry of Agriculture & Ors. allowing the original application of the respondent nos. 1 & 2 and directing the petitioners to grant the second financial upgradation to them, in the pay scale of Rs.10,000-15,200/- with all consequential benefits with effect from 9th August, 1999. THE Tribunal held that in the existing hierarchy of Dairy Supervisor (Rs.5,000-8,000/-), Section Manager (Rs.6,500-10,500/-) and Shift Manager (Rs.10,000-15,200/-) even though the essential eligibility condition for promotion from Section Manager to Shift Manager was to have a degree in Dairying/Dairy Science/Dairy Technology from a recognized University/ Institute or equivalent and the respondent nos.1 & 2 had only a degree of B.Sc. (Agriculture), however, since the petitioners had granted the second financial upgradation in the pay scale of Rs.7,450-11,500/- which amounts to an implicit admission on the part of the petitioners that the respondent nos.1 & 2 fulfilled the eligibility criterion under the ACP Scheme, therefore, the financial upgradation had to be granted to the respondent nos.1 & 2 in the pay scale of Rs.10,000-15,200/-, which is the pay scale of the Shift Manager.

(2.) THE questions for adjudication in the present writ petition are whether or not B.Sc. (Agriculture) is equivalent to the degree in Dairying/Dairy Science/Dairy Technology so as to entitle the respondent nos.1 & 2 for promotion to the post of Shift Manager under the amended Recruitment Rules of 1991, and if in case B.Sc (Agriculture) is not the essential qualification as required under the 1991 Rules for the post of Shift Manager, then whether or not the financial upgradation under the ACP Scheme can be granted to respondent nos.1 & 2, in the pay scale of Rs. 10,000-15,200, since the petitioners had granted the second financial upgradation, however, in the pay scale of Rs.7,450-11,500/- in terms of condition No.7 of the ACP Scheme to the next higher grade in accordance with the existing hierarchy in the cadre.

(3.) AFTER the amendment to the Recruitment Rules by notification dated 27th September, 1991 the post of Shift Manager is to be filled by promotion, failing which by transfer on deputation (including short term contract) and on failing both, that is, promotion and transfer on deputation, then by direct recruitment. The essential eligibility qualification for the post of Shift Manager is degree or diploma in Dairying/Dairy Science/Dairy Technology from a recognized University/ Institute or equivalent with three years or five years experience of running a dairy plant in a Supervisory capacity respectively. The essential qualifications are relaxable at the discretion of Union Public Service Commission in the case of candidates who are otherwise well qualified. Even the qualifications regarding the minimum experience for degree holders and diploma holders is relaxable at the discretion of the Union Public Service Commission in the case of candidates belonging to the Schedule Caste or Schedule Tribes, if at any stage of selection, the UPSC is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancy reserved for them.