UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE writ petition is preferred against the order dated 24.02.2005 passed by the 1st respondent Tribunal in O.A.No.1142 of 2003 filed by the 2nd respondent herein.

(2.) IT is the case of the 2nd respondent before the Tribunal that he joined service in Government I.T.I., Karaikal and now he is working as Workshop Attendant. As per the Recruitment Rules, the Workshop Attendant was entitled to get promotion to the post of Craft Instructor. The Recruitment Rules for the post of Workshop Attendant was amended in November, 1987 and it was provided that the method of recruitment is by promotion 50% and by direct recruitment 50%. Promotion to the post of Store Attendant of Labour Department was provided from the post of Workshop Attendant, with 3 years of continuous service in that grade. Subsequently, another amendment was effected on 18.08.1999 requiring for a pass in the National Trade Certificate or equivalent and also Craft Instructor Certificate of a Central Training Institute. Since the incumbents in the post of Workshop Attendants were not in a position to acquire the Craft Instructor Certificate, the matter was taken up with the authorities and then, some candidates were allowed for training and after training, they were given promotion. Some other candidates approached the Tribunal claiming promotion without the Craft Instructor Certificate and the same was also allowed. IT is the further case of the 2nd respondent that he has completed the course and obtained a certificate in 2001. In the meantime, his juniors were given promotional orders on 01.07.2003 and on 02.07.2003. The appellants have issued another order stating that the post of Craft Instructor has been re-designated as Vocational Instructor, which post carries the pay scale of Rs.5500-9000 as against the old scale of Rs.5000-8000. The method of recruitment has been changed by which the post is filled up 15% by promotion and 85% by direct recruitment and the experience of service candidates required for the post has been increased to eighteen years. Hence, the 2nd respondent filed the original application before the Tribunal to quash the column Nos.11 and 12 which have taken away the promotional avenue of the Workshop Attendants by increasing the experience qualification from three years to eighteen years of continuous service and consequently, to consider the 2nd respondent for promotion to the post of Vocational Instructor.

(3.) HEARD the learned counsel for both sides and perused the materials before us.