MADAN MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE OAs are referred to this Full Bench by a common order of the Hon'ble High Court of Delhi dated 14.08.2012 in Writ Petition (C) No.1657/2012 and Writ Petition (C) No.1676/2012.

(2.) SINCE the issue involved in these two OAs is similar and identical, they are being disposed of by way of this common order.

(5.) WHEN , in case of B.N.Sharma and Others, who are working in AFHQ & ISO, granting of higher pay scale was denied, on the similar ground of not possessing the required qualification, this Tribunal while allowing their OA 1741/1997 on 13.08.1998 (Annexure 10) observed as follows: In the circumstances, redesignation of Programme Assistants DMIS/Statistical Investigators AFHQ/ISO as Programmers in the higher grade while stipulating post graduate qualification does not have legal basis by way of corresponding amendment to the recruitment rules and therefore cannot be implemented by the Respondents to the disadvantage of the Programme Assistants/Statistical investigators originally re -designated as DPA Grade B by the earlier order dated 08.01.1991. In view of this, the upgraded scale of Rs.2375 -3500 cannot be denied to the applicants as they were duly recruited as Programme Assistants/Statistical Investigators under the extent Recruitment Rules of 1985. In our considered view Respondents cannot also frustrate the benefits of revision of pay scales and placement/promotion of incumbent Programme Assistants/Statistical Investigators by applying revised educational qualifications for the incumbents. Revision of cadre structure post and new educational qualifications have necessarily to be incorporated as part of recruitment rules which as and when incorporated in amended recruitment rules could only have prospective application and would apply only to the future recruits/promotees to these posts.