RAJENDER MOHAN SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) Although the above-captioned writ petitions are directed against two separate judgements of the Central Administrative Tribunal [in short 'the Tribunal"], they concern the same issue. W.P.(C.) 6422/2020 has been preferred by the Union of India (UOI) along with the Department of Personnel and Training (DoPT) against the judgement dated 30.04.2019 rendered by a Full Bench of the Tribunal, in O.A. No.4320/2012. Insofar as W.P.(C.) 5029/2012 is concerned, this is being instituted to assail the judgement dated 31.05.2012 rendered by the Division Bench, comprising the then Acting Chairperson and Member, in O.A. No.3984/2011.

(2.) In effect, the respondents in W.P.(C.) 6422/2020 and the petitioners in W.P.(C.) 5029/2012 are employees of the Indian Statistical Service (ISS)[hereafter, collectively referred to as 'employees'], who contend that the vacancies in the grade of Junior Time Scale (JTS) and Senior Time Scale (STS) for the period spanning between 1997-98 and 2004-05 should be filled up, as per the Indian Statistical Service Rules, 1961 [in short "1961 Service Rules"] prevalent on the date, when the vacancies arose. In other words, the 1961 Service Rules, which were amended on 14.09.2005, should not be applied to vacancies arising in the grade of JTS and STS before 14.09.2005.

(3.) As indicated above, the employees contend that the unamended 1961 Service Rules should apply for vacancies, which arose between 1997-98 and 2004-05.