Union of India & Anr. v. G. Rajanna & Ors.

~ .#'• ' ;. _i_ # [20C8] 15 S.C.R. 293 ,., # UNION OF INDIA & ANR. -· f 'A _v._ G. RAJANNA & ORS. # (Civil Appeal No. 6590-6592 of 2008) OCTOBER 15, 2008 B **[DR. ARIJIT PASAYAT, C.K. THAKKER AND D.K. JAIN, JJ.]** _Service Law:_ c __J'_ _Career advancement_ - _Promotion under_ - _Claim by Malis_ - _Rejected by Central Administrative Tribunal on the ground that the incumbents did not possess the requisite qualification for the higher post_ - _Allowed by the High Court_ - _HELD: The observation of the Tribunal to the effect that the employees cannot claim scale of Lower Division Clerks by_[o· ] _way of in situ promotion runs contrary to the stand taken by Union of India all through_ - _The High Court has correctly analysed the office Memorandum, and also rightly noted thfif object of office Memorandum related to non-functional posts_ E _and fixation of pay scales, is to see that Group_ 'C' _and Group_ 'O' _employees are not allowed to stagnate in the same cadre_ - _Judgment of the High Court is based on_ a _correct interpretation of the relevant clause of the office Memorandum and no interference is called for- Government_ c _of India Office Memorandum dated 13.9.1991 as modified_ \ _by Office Memorandum dated 6.11.1991_ - _Clauses 2(c) and 2m._ _<!_ CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.6590-6592 of 2008. G From the final Judgment and Order dated 14.12.2004 of the High Court of Karnataka at Bangalore in Writ Petitions Nos. 30501-30503 _bf_ 2000. 293 H UNION OF INDIA & ANR. _v._ G. RAJANNA & ORS. [DR. ARIJIT PASAYAT, J.] 295 • ~· _i_ cannot claim the scale of Lower Division Clerk by way of insitu promotion. Therefore, the prayer made for relief was rejected by the CAT. The respondents-employees moved the Karnataka High Court in Writ Petition Nos. 30501-30503 of 2000. The High·Court accepted the stand of the employees and · observed as under :- A B "No doubt, the CAT has adverted to the facts pleaded in the original applications of the petitioners with reference to the statement of counter filed by the respondents. The CAT has proceeded to examine the claim of these petitioners with c reference to the prescriptions 0f the qualification under the Cadre and Recruitment Rules for fixation of the higher pay scales to their posts irrespective of the fact as to whether it is a functional or non-functional. The object of the office Memorandum referred to supra with non-functional posts, fixation of pay-scales is to see the Group 'C' and 'D' employees D in the offices of the respondents shall not be allowed to stagnate in the same cadre and therefore, certain monetary benefits are fixed by the respondents as provided at paragraph 20 of the office Memorandum produced at Annexure 'C'. Non consideration of this important aspect of the matter and E rejection of the claim of the petitioners by the CAT solely on this ground that they do not possess the qualification of Matriculation as per C & R Rules has rendered the. impugned order erroneous in law." F ~ Learned Additional Solicitor General appearing for the appellants submitted that the High Court misconstrued the scope and ambit of Clause 2(c) and 2(f) of the office Memorandum. Learned counsel for the employees supported the judgment of the High Court. G It is to be noted that the Tribunal's conclusion is b·ased on a reading of Clause 2(c) and 2(f) of the office Memorandum dated 13th September, 1991 as modified subsequently by offi~e ~emorandum dated 6th November, 1991. Clause 2 of the office Memorandum dated 6th November. 1991 reads as H SUPREME COURT REPORTS [2008] 15 S.C.R. 296 • ' ·~ j ~. l ## A under:- "It is clarified that in terms of para 2(a) of O.M. dated 13.9.1991, in situ promotion is to be allowed only to the next higher scale available in the line of promotion if the requisite B[conditions are fulfilled. ][In ][other words, subject ][to ][the satisfaction ] of the conditions prescribed in the said O.M. Group 'D' employees in the scale of Rs. 750-940 will normally be considered for in situ promotion to the next higher seal~ of Rs. 775-1025 as that is the next available scale in most of the organisations. So is the Cpse for promotion of employees in c the scale of Rs.800-1150 are to be promoted to the scale of Rs.825-1200. However if in any particular organisation promotions of Group 'D' employees are required to be made. in a higher scale instead of scale indicated here, in accordance with the Rules of Recruitment, in situ promotion will also be D allowed to the scale to which promotions are made in that organisation." The observation of the Tribunal to the effect that the employees cannot claim scale of Lower Division Clerks by way of in situ promotion runs contrary to the stand taken by the Union of India all through. The High Court in our view has correctly analysed the office Memorandum and also rightly noted that object of office Memorandum related to nonfunctional posts and fixation of pay scales is to see that Group 'C' and Group 'D' employees in the offices of the present appellants are not allowed to stagnate in.the same cadre and certain monetary benefits are fixed by the noted paragraph of the office Memorandum. E F In our considered view, the judgment of the High Court is G based on a correct interpretation of the relevant clause of the office Memorandum and no interference is called for in these appeals. Hence the appeals fail and are dismissed but without any order as to costs. Appeals dismissed. H[RP. ] ~