PM PRAKASH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is before us against the judgment of a learned Single Judge in Civil Writ Petition No. 259 of 1979 who decided against him. The appellant challenged the order sending him back to the Council of Scientific and Industrial Research where he was permanently employed before coming to the Commission for Scientific and Technical Terminology in 1965.

(2.) The circumstances leading to this appeal are that a Commission called "Commission for the Scientific and Technical Terminology" was set up in 1960 as a subordinate ffice in the Ministry of Education, Government of India. The main function of the Commission was to evolve and develop terms for scientific and technical subjects in Hindi, and after evolving the Hindi terminology to produce works containing the terminology developed and then to get the same published. Before this Commission was set up the Ministry of Education, Govt. of India, had another subordinate office called "the Central Hindi Directorate" and the main function of the said Directorate was to encourage the progressive use of Hindi. For the purposes of carrying out the work of the Commission various types of posts were created. In the present appeal we are only concerned with the post of "Principal Scientific Officer" (in short 'P.S.O.'). Vide sanction dated 21st March, 1963, 33 posts of Principal Scientific Officers in the scale of Rs. 1000 1500 were created on year to year basis. Under the powers conferred by the proviso to Art: 309 of the Constitution, the President made the recruitment rule. The said rules were published vide notification dated 30th April 1964 and are called "Principal Scientific Officers, the Commission for Scientific and Technical Terminology, Recruitment Rults 1964." The Rules contain a schedule. Rule 4 of the said rules provides that the method of recruitment, age limit, qualifications and other matters connected therewith are specified in columns 5 to 13 of the Schedule. Under Col. 5 of the schedule the post is described as "Selection Post". Column 6 gives the age limit. Column 7 gives the educational and other qualification for direct recruits. Column 10 gives the various sources from which recruitment is to be made, that is, by direct recruitment or by promotion or transfer. In Columns 7 and 10 distinction is made between various posts of P.S.Os. on the basis of the nature of duties required to be performed and accordingly different qualifications are prescribed. The three different classes of P.S.Os. provided for by the recruitment rules are for doing terminology work, production work and publication work. Separate educational and other qualifications are provided under Column 7 for the three different classes. The method (source) of recruitment for the three different classes is also provided separately under Column 10. It will help in putting the matter in the right perspective if the provisions of Columns 7 and 10 are reproduced : <FRM>JUDGEMENT_361_ILR(DEL)1_1981Html1.htm</FRM>

(3.) Further in order to meet the requirements of various fields of study such as engineering, medicine etc. in the class "terminology work" the P.S.Os. appointed were designated as "P.S.O. '(Engineering); P.S.O. (Medicine); P.S.O. (Pharmacy); P.S.O. (Linguist) etc." It is not in dispute that all the posts, as sanctioned, were of Principal Scientific Officers and only by the Recruitment Rules three Classes were created. Further divisions were, however, made administratively in the class of officers who were doing the job of evolving/coining. Hindi terminology. For instance, for evolving Hindi equivalents of technical terms in the fields of engineering a person having qualifications in the field of engineering was appointed and his post was called "P.S.O. (Engineering)" and so on. In order to perform its duties and to achieve the objectives for which the Commission was set up it was found necessary to make these sub-classes and the commission did so. Within this framework the Commission proceeded to make recruitment to the posts of Principal Scientific Officers.