UNION OF INDIA AND ORS.
A
_v._
K.K. V ADERA AND ORS.
OCTOWR 26, 1989
[MURARI MOHON DUTI AND S. NATARAJAN, JJ.] B
_Civil Services: Promotion-Effective date-Promotion. granted/_
_post created._
_Defence Research_ _and_ _Development Service Rules,_ _1970:_ _Rule_
_8-Promotion of Junior Scientific Officers to posts_ _of Scientists_ _'B'-_ C
_Held effective from the date promotion is granted._
Under Rule 8(l)(a). of the Defence Research & Development
Senice Rules, 1970, Junior Scientific Officers in the Defence Research
& Development Organisation were eligible for promotion to the posts of
Scientists 'B' upto 50 per cent of the vacancies in the grade; D .
The respondents who were holding the posts of Junior Scientific
Officers, and were promoted to the posts of Scientists 'B' with effect
from October 16, 1985 or from the date they actually assumed charge of
the posts filed an application before the Central Administrative Tri, hunal, contending that since the posts to which they had been promoted E
were created between 1984 and 1985, they should have been promoted
with effect from Joly 1984, as was done on previous occasions upto
1983, when promotions were effected from 1st Joly of the year in which
promotions took place.
The Tribunal rejected the prayer of the respondents and directed p
that the promotions should be effective from the date on which the
promotional posts were created. The Union of India being aggrieved
' appealed to the Court.
On the question whether the Tribunal was justified in directing
the promotions to be effective from the date the promotional posts were
created. G
Allowing the appeal, this Court,
HELD: After a post falls vacant for any reason whatsoever, a
promotion to that post should be from the date the promotion is granted
and. not from the date on which such post falls vacant. Similarly, when
additional posts are created, promotions to those posts can be.granted
751
752 SUPREME COURT REPORTS [1989] Supp. 1 S.C.R.
A only after the Assessment Board has met and made its recommendations for promotions being granted. If, however, promotions are
directed to become effective from the date of creation of additional
posts, then it would have the effect of giving promotions even before the
Assessment Board has met and assessed the suitability of the candidates
for promotion. [754C-E]
B
##### c
D
E
In the instant tase, there is no statutory provision that the promotion to the post of Scientist 'B' should take effect from 1st July of the
year in which the promotion is granted. There is also no law or rule
under which a promotion is effective from the date of creation of the
promotional posts. The Tribunal was, therefore, in error in holding
that the promotions should be effective from the date the promotional
posts were created. The orders of the appellants promoting respondents
from October 16, 1985 will stand. [754B-C & F]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4494
of 1989.
From the Judgment and Order dated 31.5.88 of the Central
Administrative Tribunal, Allahabad in 0.A. No. 427/1986.
B. Dutta, ASG. (N.P.), C.V. Subba Rao, A. Subba Rao and
P. Parmeshwaran for the Appellants.
Harbans Lal and A.K. Mahajan for the Respondents.
The Judgment of the Court was delivered by
DUTT, J, Special leave is granted. Heard learned counsel for
p both parties.
The respondents were holding the posts of Junior Scientific
Officers (Group 'B' posts) in the Defence Research & Development
Service. They were promoted to the posts of Scientists 'B' with effect
from October 16, 1985 or from the date they would actually assume
_(J_ charge of the posts. The respondents filed an application before the
Central Administrative Tribunal, Allahabad, claiming that they
should have been promoted to the posts of Scientists 'B' with effect
from July 1, 1984. The Tribunal rejected the prayer of the respondents
that their promotions should have been made with effect from July 1,
1984. The Tribunal,. however, directed that their promotions should be
###### fl with effect from the date on which the promotional posts were created.
## •
~
U.0.1. _v._ K.K. VADERA [DUTI, J.] 753
The short question involved in this appeal is whether the Tribunal was
A
justified in directing that the respondents' promotion should be with
effect from the date the promotional posts were created.
Under rule 8(1)(a) of the Defence Research & Development
Service Rules, 1970, hereinafter referred to as 'the Rules', all those
who have been recruited before the promulgation of the Rules as B
Junior Scientific Officers in the Defence Research & Development
Organisation .on regular basis and possess the educational qualifications and experience as laid down for direct recruits, shall be eligible,
till they are wasted out, for promotion to the post of Scientist 'B' up to
50 per cent of the vacancies in the grade. Under the first proviso to
### time exceed rule 8(1)(a), the total number of posts filled 50 per cent of the total sanctioned strength for the grade in that grade shall at no c
on the date of promulgation of the Rules, and that this concession shall
also be admissible to those persons who are appointed or promoted as
Junior Scientific Officers on regular basis on or after the promulgation
of the Rules.
D
There were a total number of 512 posts available in the grade of
~ Scientific Officers were entitled to be promoted to the Scientists 'B' in 1979. In view of rule 8(1)(a) of the Rules, the Junior 50 per cent of
these posts, that is to say to 256 posts. These 256 posts were filled up
by promotion of the Junior Scientific Officers between the period 1979
and 1983. According to the respondents, the posts of Scientists 'B' to E
_which they have been promoted with effect from October 16, 1985,
were created between 1984 and 1985 and that, accordingly, the respondents should have been promoted to these posts with effect from 1st
July, 1984. It was the contention of the respondents that on previous
o,ccasions up to the year 1983, promotions were given effect from 1st
July of the year in which the promotions were granted. It has been F
#,. already noticed that the Tribunal has overruled the said contention of
the respondents and has directed that their promotions should be with
effect from the date the said promotional posts of Scientists 'B' were
created. At the same time, it has been found by the Tribunal that the
flexible complementing scheme or SITU promotions, as provided in
######,.
rule 8(2)(f) 'of the Rules, were not available to the Junior Scientific· G
Officers. It is not disputed that the promotions of the Junior Scientific
Officers to the posts of Scientists 'B' are vacancy-based and such
, promotions are granted after the assessment by the Assessment Board
as provided in the Rules. It has also been observed by the Tribunal
that normally the promotions will take effect from the date of the
##### ...
order _granting such promotions. The only ground on which the Tri- H
754 SUPREME COURT REPORTS [1989] Supp. I S.C.R.
A bun al has directed that the promotions of the respondents should take
effect from the date the posts of Scientists 'B' were created, is that up
to 1983 such promotions were given effect from 1st July of the year in
which the promotions were granted.
13
#### c
D
E
F
There is no statutory provision that the promotion to the post of
Scientist 'B' should take effect from !st July of the year in which the
promotion is granted. It may be that, rightly or wrongly, for some
reason or other, the promotions were granted from !st July, but we do
not find any justifying reason for the direction given by the Tribunal
that the promotions of the respondents to the posts of Scientists 'B'
should be with effect from the date of the creation of these promotional posts. We do not know of any law or any rule under which a
promotion is to be effective from the date of creation of the promotional post. After a post falls vacant for any reason whatsoever, a
promotion to that post should be from the date the promotion is
granted and not from the date on which such post falls vacant. In the
same way when additional posts are created, promotions to those posts
can be granted only after the Assessment Board has met and made its
recommendations for promotions being granted. If on the contrary,
promotions are directed to become effective from the date of the creation of additional posts, then it would have the effect of giving promotions even before the Assessment Board has met and assessed the
suitability of the candidates for promotion. In the circumstances, it is
difficult to sustain the judgment of the Tribunal.
For the reasons aforesaid, we set aside the judgment of the Tribunal directing that the promotions of the respondents should be not
from the date of the orders of promotion, but from the date the posts
were created. The orders of the appellants promoting the respondents
with effect from October 16, 1985 will stand.
The appeal is allowed. There will, however, be no order as to
costs.
N.P.V. Appeal allowed.
<(_.
