INDIAN COUNCIL OF MEDICAL RESEARCH Vs. KV RATANAKAR

JUDGEMENT

(1.) ISSUE which arose for consideration before the Central Administrative Tribunal in O.A.No.1308/2007 filed by K.V.Ratanakar was whether upon rationalization of scale of pay of the Library Staff requiring Librarian to be placed in the pay scale Rs.2000-3500 (then current scale held by them being Rs.1400-2300) would amount to promotion. The issue arose in the context of the ACP Scheme then in vogue requiring first financial upgradation if within 12 years promotion could not be earned followed by another financial upgradation on rendering 24 years service if second promotion could not be earned. Needless to state, if placement in the higher scale would be treated as a promotion, this would impact the Assured Career Progression Scheme benefit.

(2.) THE Tribunal debated the issue with reference to the term 'promotion' holding that it means advancement to a higher scale as well as to a higher post, in the light of two decisions of the Supreme Court reported as (1994) 5 SCC 392 Tarsem Singh & Anr. vs. State of Punjab & Ors. and (1996) 1 SCC 562 State of Rajasthan vs. Fateh Chand Soni.

(3.) THE decision in Fateh Chand (supra) was distinguished by the Tribunal with reference to the fact that persons holding the same post were eligible to be placed in the selection scale as per criteria of seniority-cum- merit. Since it was a case of merit having a role to play, the Supreme Court held that it would be a case of promotion. The Tribunal has correctly distinguished said decision vis-a-vis a case where on account of rationalization of the scale of pay, posts are placed in the higher scale of pay, without any appraisal.