UNION OF INDIA Vs. V SAMBASIVA RAO

JUDGEMENT

(1.) UNION of India filed this writ petition seeking to quash the order dated 19-4-1999 passed in O. A. No. 1032 of 1996 on the file of Central Administrative Tribunal, Hyderabad bench. At the outset, it is to be noted that this writ petition is listed before us pursuant to the common order passed by the Hon'ble supreme Court in I. A. Nos. 25-48 and 49-72 in Transfer Petition (C) Nos. 197-206 and 208-220 of 2005 dated 17-04-2007, by which the present writ petition was also remanded to this Court for deciding the same in accordance with law, after giving opportunity of hearing to all the parties.

(2.) THE details relevant for deciding this writ petition are that the respondents herein filed the above O. A. with the following relief:

(3.) WHILE so, the grievance of respondents before the Tribunal was that the Department of Science and Technology framed 'central ground Water (Group-A Posts) Recruitment rules, 1987' (for short '1987 Rules') contrary to the earlier recommendation, thereby excluding the posts of Assistant Chemist and Assistant Hydrogeologist from the purview of FCS and denying the benefit of fcs. The respondents also contended that the 1987 Rules are also contrary to the guidelines laid down by the Department of science and Technology dated 22-11-1983 as modified by O. M. dated 28-05-1986, which is much prior to 1987 Rules. The respondents having been excluded from the purview of 1987 Rules, seek direction to include the Grades of Assistant Chemists and Assistant Hydrogeologists within the realm of 'central Ground Water Board (Scientific Group-A Posts) Recruitment rules, 1995 (for short '1995 Rules') and grant consequential benefits with effect from 06-06-1987 being the date on which 1987 rules came into force, including promotions, fixation of seniority and arrears of salary in each grade and promoted grade.