UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Central Government comes before us by way of a challenge to the order of the Central Administrative Tribunal (in short the Tribunal ) only in so far as it pertains to the observations made by the Tribunal in paragraphs 5 and 6 of its order. By these observations, the Tribunal has held that the method of recruitment for the two posts of Regional Director, earmarked for the officers from the Engineering stream, was discriminatory and, therefore, struck down the method of recruitment for the two posts with the further direction that the recruitment to the posts of Regional Director meant for the Engineering stream should be done only by promotion from the feeder category of Superintending Engineers posted in Central Ground Water Board (CGWB).

(2.) The original applicant/second respondent herein had filed the aforementioned original application before the Tribunal and had contended therein that he was working as a Superintending Engineer since July 1987 and he was the senior-most Superintending Engineer in the respondent Board. He pointed out that there was a Flexible Complementing Scheme with the aid of which, persons who had held the post of Scientists D could go to the next higher grade irrespective of the availability of the vacancy in the next higher grade and they would keep on discharging the duties meant for the posts in the lower grade. However, they were to be benefited with the salary in the next higher grade. The further contention was that this benefit of Flexible Complementing Scheme was denied to the persons like the respondent herein, who were from the Engineering stream in contradistinction to the officers from the Scientific stream.

(3.) It was pointed out that the Scientific stream was created for the first time by the Central Ground Water Board (Regional Directors) Recruitment Rules (in short the Rules ) by the respondent Board and the officers from the Scientific stream were chosen for a favourable treatment in the matter of promotion. It was further alleged that the said rules were ultra vires Articles 14 and 16 of the Constitution of India. In the original application before the Tribunal, the applicant sought the following prayers: