UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE respondents 3 to 5 are working as Physical Education Teachers in the Schools of Pondicherry and the second respondent is the Physical Education Teachers Association. There is no dispute regarding the fact that the respondents 3 to 5 were appointed as per the Government of Pondicherry Education Department Group-C Posts Recruitment Rules, 1978, prescribed as per G. O. Ms. No. 59/78-Edn. /so (E), dated 3. 6. 1978. The qualification prescribed for the post of Physical Education Teacher, as per the said Recruitment Rules of 1978 is 'sslc and lower grade certificate in Physical Education' and the mode of appointment is by direct recruitment. Thereafter, during the academic year, 1979-80, Higher Secondary School System was introduced in the Union Territory of Pondicherry and the posts of Physical Director/physical Directress in the scale of pay of Rs. 440-750 were created and the Recruitment Rules to the post of Physical Director/physical Directress were framed vide G. O. Ms. No. 11/so (E)/edn. , dated 8. 2. 1983.

(2.) ADMITTEDLY, the next avenue for promotion to the Physical Education Teachers is to the post of Physical Director/physical Directress. Subsequent to the appointment of the respondents, the Physical Education Teacher Recruitment Rules were amended by G. O. Ms. No. 17, dated 14. 3. 1988. By these amended Recruitment Rules, the educational qualification for the post of Physical Education Teacher has been changed and prescribed as ' (i) a Degree of a recognised University with a Diploma in Physical Education of a recognised institution or (ii) a Degree in Physical Education of a recognised University'.

(3.) AS has already been stated supra, the Government has framed the Government of Pondicherry Education Department Group-C Posts of Physical Director and Physical Directress Recruitment Rules, 1983 by G. O. Ms. No. 11/so (E)/edn. , dated 8. 2. 1983. According to Clause 6 of Schedule appended to these Rules, the age-limit for direct recruits was between 18 and 30 years and according to clause 6, the educational and other qualifications required for direct recruits is a Degree in Arts or science and B. P. Ed. of a recognised University; or a Degree in Physical Education (three years course) of a recognised University and according to Clause 8, though it was stated that the age prescribed for direct recruits will not apply to the promotees, it was stated that the educational qualifications prescribed for direct recruits will also apply in the case of promotees. That means, if a person is to be promoted from the feeder cadre of Physical Education Teacher to that of the promotion category of Physical Director/physical Directress, he must possess a degree in Arts or Science and B. P. Ed. of a recognised University; or a degree in Physical Education (three years course) of a recognised University. This Clause 8 of the Schedule, requiring even the promotees to acquire a degree in Arts or Science and B. P. Ed. of a recognised University; or a degree in Physical Education (three years course) of a recognised University, was challenged by the respondents 2 to 5 herein before the Tribunal on the ground that prescription of such condition for the promotees is arbitrary since as on the date of their appointment, no such condition of acquiring Degree was in existence and the only qualification for promotion to the post of Physical Director/physical Directress was to put in five years of service in the post of Physical Education Teacher and these Rules cannot be given retrospective effect, so as to defeat their interest.