SHIBDAS MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts of the instant case would reveal that the officers of the Director General of Meteorology fund contrived to cheat the petitioner of his entitlement and the apparent reason we can fathom is that the petitioner comes from a humble background and is a member of a notified Scheduled Caste. It is not in dispute that the Indian Meteorology Department (Group-C & D Posts), Recruitment Rules, which were framed in the year 1987, did not envisage that a Senior Observer has to clear the Basic Meteorology Course as a condition for being promoted till the Rule was amended in the year 1995.

(2.) HOWEVER , an executive instruction was issued to the effect that only those Senior Observers would be promoted as Scientific Assistant who had cleared the Basic Meteorology Course.

(3.) THE review application filed by the petitioner succeeded with costs imposed upon the department. The Division Bench noted that before the review application could be decided the department had already promoted the petitioner by holding a review DPC as of the year 1995 but had given only notional benefit of the promotion to the petitioner. The Division Bench left the issue open, to be adjudicated at a substantive proceeding, whether the petitioner would be entitled to wages for the post which was unjustifiedly denied to him.