S M BHATIA Vs. BUREAU OF INDIAN STANDARDS

JUDGEMENT

(1.) Petitioner who is employed in the 1st respondent organisation, which is a statutory body, seeks the relief of promotion as Director. The eligibility for promotion is 5 years' experience as Joint Director/System Scientist C. This requirement could be relaxed as per Regulation 12. Accordingly, the Executive Committee relaxed the eligibility criteria from 5 years to 4 years in the post of Joint Director, provided the candidate has put in, either 18 or more years of total service etc. This retaxation was communicated as per office note dated 7.11.1988. Accordingly, petitioner was called for interview/ discussions, since, petitioner was eligible for promotion. In all 65 candidates participated in the selection process. The Standing Committee recommended the names of all 65 candidates for promotion. It is necessary to note here, promotion does not depend upon availability of any vacant post, but, it is in the nature of a benefit conferred to the eligible person on being selected as per the Rules.

(2.) The Central Government who had to approve the selection, for promotion, did not approve the selection. According to the petitioner. Central Government found that the Standing Committee had no SC / ST member and therefore, the Committee's recommendations were not approved. Subsequently, the earlier relaxation of the requirement of 5 years' experience was withdrawn retrospectively. But, petitioner completed 5 years experience on 31.5.1989 and therefore, atleast from the said date he had to be promoted.

(3.) Petitioner contended that non-approval of the recommendation by the Central Government was on an erroneous ground because, there was no requirement that there should have been SC/ST member in the Committee.