UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE writ petition has been filed against the order of the tribunal wherein the Tribunal after considering the facts and circumstances of the case, prescribing the qualification for promotion to the post of Head Master grade I, from the feeder categories of School Assistant Grade I, Head master grade II and Deputy Inspector of Schools with three years service in the grade, providing exception to the total length of service in any post not below the rank of School Assistant Gr. II shall be not less than 10 years is unreasonable on the ground that it has no nexus to the object sought to be achieved.

(2.) THE Tribunal has given its reasons in paragraph 19 of the order stating that the persons who are qualified and holding the post of head Master Grade II with three years of service in the grade are eligible for consideration to the post of Head Master Grade I. In other words, the eligible categories are School Assistant Gr.I , Head Master Gr. II , Deputy Inspector of Schools with three years of service in the grade are all equally eligible for consideration for the purpose of promotion to the Grade I H.M. But, the exception providing benefit to the persons possessing longer years of service in the lower grade would be contrary to the seniority of the persons that are assigned to them in H. M. Gr. II. THE Tribunal further held that a teacher who could not get into Grade II for long number of years is given the benefit as against a Grade II teacher who got that selection on his merit earlier than his seniors. THErefore, if the second proviso added to clause II is allowed to continue, it will affect the merit as has been rightly held by the Tribunal.