http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4  

PETITIONER: UNION OF INDIA AND ORS.

       Vs.

RESPONDENT: K.K. VADERA AND ORS.

DATE OF JUDGMENT26/10/1989

BENCH: DUTT, M.M. (J) BENCH: DUTT, M.M. (J) NATRAJAN, S. (J)

CITATION:  1990 AIR  442            1989 SCR  Supl. (1) 751  1989 SCC  Supl.  (2) 625 JT 1989 (4)   221  1989 SCALE  (2)939

ACT:     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’-Held  effective from the date  promotion  is granted.

HEADNOTE:     Under Rule 8(1)(a) of the Defence Research & Development Service  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.     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  Tribunal, contending  that  since  the posts to which  they  had  been promoted  were  created between 1984 and 1985,  they  should have  been promoted with effect from July 1984, as was  done on  previous occasions upto 1983, when promotions  were  ef- fected  from 1st July of the year in which  promotions  took place.     The Tribunal rejected the prayer of the respondents  and directed  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. Allowing the appeal, this Court,     HELD: After a post fails vacant for any reason whatsoev- er,  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 752 only after the Assessment Board has met and made its  recom- mendations for promotions being granted. If, however, promo-

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 4  

tions  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]     In  the  instant case, 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  promo- tion  is effective from the date of creation of  the  promo- tional  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]

JUDGMENT:     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 O.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 both parties.     The respondents were holding the posts of Junior  Scien- tific  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 charge of the  posts.  The respondents filed an application before the Central Adminis- trative 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 with effect from the date on which the promotional posts were created. 753 The  short question involved in this appeal is  whether  the Tribunal  was justified in directing that  the  respondents’ promotion should be with effect from the date the promotion- al 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  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 rule 8(1)(a), the total number  of  posts filled in that grade shall at no time exceed 50 per cent  of the  total sanctioned strength for the grade 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.     There were a total number of 512 posts available in  the grade  of Scientists ’B’ in 1979.1n view of rule 8(1)(a)  of

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 4  

the  Rules, the Junior Scientific Officers were entitled  to be  promoted to the 50 per cent of these posts, that  is  to say  to 256 posts. These 256 posts were filled up by  promo- tion  of the Junior Scientific Officers between  the  period 1979  and 1983. According to the respondents, the  posts  of Scientists ’B’ to 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 occasions up to the year 1983, promotions were given  effect from  1st  July  of the year in which  the  promotions  were granted.  It has been 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 Officers. It is not disputed  that the  promotions  of the Junior Scientific  Officers  to  the posts  of Scientists ’B’ are vacancy-based and  such  promo- tions  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- 754 bunal  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.     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. It  may  be that,  rightly  or wrongly, for some reason  or  other,  the promotions  were granted from 1st July, but we do  not  find any justifying reason for the direction given by the  Tribu- nal  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  addi- tional posts, then it would have the effect of giving promo- tions 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  respond- ents 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  Octo- ber 16, 1985 will stand. The  appeal is allowed. There will, however, be no order  as to costs.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4  

N   .P.V.                                             Appeal allowed. 755