KHEM CHAND Vs. UOI

JUDGEMENT

(1.) THE petitioner lays a challenge to an order dated October 30, 2000 passed by the Central Administrative Tribunal dismissing OA No.772/1999. The grievance of the petitioner was the act of the respondents to give retrospective effect to an amendment made to the DRTC Rules with effect from August 26, 1995.

(2.) THE case of the writ petitioner before the Tribunal was that having rendered five years' service as a Senior Technical Assistant he became eligible to be considered for promotion to the post of Technical Officer Grade 'A' and this happened in the year 1995. No Selection Board was constituted in the said year as also the next year. It was only after SRO 177 was issued amending Rule 8 of the existing Rules in the year 1997 with retrospective effect as of the year 1995 was the Selection Board constituted which did not recommend petitioner for being promoted.

(3.) THE Tribunal has also noted that the effect of the amendment to the Rules was to change the hithertofore procedures for promotion which was vacancy based with reference to a benchmark to determine eligibility, to a merit based Flexible Complimentary Scheme.