DIRECTOR GENERAL OF METEOROLOGY Vs. AMARESH CHANDER MATTOO

JUDGEMENT

(1.) THE issue that arises for consideration in the present writ petition is, whether the promotion to vacancies which have arisen prior to coming into force of the amended Recruitment Rules are to be governed by the unamended Recruitment Rules or by the amended Recruitment Rules? The Central Administrative Tribunal, Principal Bench, New Delhi (for short 'The Tribunal') has taken the view that such vacancies would be filled with application of the unamended Recruitment Rules.

(2.) PETITIONERS herein, who were respondents before the Tribunal are aggrieved by the said decision of the Tribunal, and have preferred the present writ petition under article 226 of the Constitution of India to challenge the order of the Tribunal dated 8th February, 2006 passed in OA No. 1917/2005 filed by the respondents before us.

(3.) PETITIONERS claim to have rendered regular service for 5 years or more as Lab Assistants/Observers and to have become eligible for being considered for promotion to the post of Senior Observer between 1999 and 2002. The 5th Central Pay Commission Report, which was accepted by the Government of India, trifurcated the cadre of Lab. Assistants into three cadres of: (i) Lab. Assistant Grade III (in the pay scale of Rs. 3200 -85 -4900), (ii) Lab. Assistant Grade II (in the pay scale of Rs. 4000 -100 -6000), and (iii) Lab. Assistant Grade I (in the pay scale of Rs. 4500 -125 -7000). The Senior Observers were given the replacement scale of Rs. 4000 -6000, which was upgraded to Rs. 5000 -8000. The Commission also recommended that the post of Senior Observer be filled entirely by Direct Recruitment i.e. to the extent of 100%. This obviously meant that the Lab. Assistant/Observers would loose the chance to seek promotion to the post of Senior Observer which they were entitled to under the Recruitment Rules of 1987, as amended in 1995 referred to above.