LAWS(DLH)-2004-5-46

HARCHARAN SINGH Vs. BUREAU OF INDIAN STANDARDS

Decided On May 26, 2004
HARCHARAN SINGH Appellant
V/S
BUREAU OF INDIAN STANDARDS Respondents

JUDGEMENT

(1.) Petitioner, stood promoted to the post of Deputy Director General under respondent no.1 on 30.6.2000. The next higher post available in the cadre was the post of Additional Director General. The post fell vacant on 1.4.2002 upon the superannuation of Sh.D.R.Kohli, who was holding the said post.

(2.) In contemplation of the anticipated vacancy, respondent no.1 initiated the process of selection. As per the notified recruitment rules which were existing, eligibility condition was 2 years service in the rank of Deputy Director General. Petitioner did not have the requisite eligibility as he had approximately 1 year and 9 months service in the post of Deputy Director General.

(3.) As per the Recruitment To Scientific Cadre Regulations, 1988, of the Bureau of Indian Standards i.e first respondent, vide Regulation 12, the Executive committee had the power to relax the provisions of the regulations.