UNION OF INDIA Vs. KRISHAN CHAND VERMA

JUDGEMENT

(1.) THIS judgment shall dispose of aforesaid two writ petitions since common questions of law and fact arise in the same.

(2.) THE short question which arise in these writ petition is whether an employee can be denied the benefited of the Assured Career Progression Scheme for Central Government Civilian employees (hereinafter referred to as the Scheme) on the ground that he does not possess the requisite education qualifications for the post, scale of which has to be granted to him under the Scheme?

(3.) THE employees in this case were Fieldsmen in the Forest Survey of India. They are non -matriculates. The next promotional post is that of Deputy Ranger. According to the employer since the employees do not have the essential requisite qualification of being matriculates they cannot be granted promotion and so they cannot also be granted the benefit of the scheme. The employee approached the learned Tribunal and the Tribunal decided the matter in favour of the employees. The Tribunal held that the purpose of the scheme is to avoid frustration amongst the employees and it is not necessary that the employee must possess the minimum educational qualification prescribed for the next higher post. This order of the learned tribunal dated 20.11.2002 passed in OA No. 1062/HP/2001 is under challenge before us.