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CASE NO.: Appeal (civil)  2514 of 2002

PETITIONER: J.E. DAWSON

RESPONDENT: NATIONAL MUSEUM & ORS

DATE OF JUDGMENT: 21/02/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT O R D E R CIVIL APPEAL NO.2514  OF 2002

       Heard the parties.         The controversy involved in this appeal is with regard to the promotion from  the post of Deputy Keeper(Archaeology) to the post of Curator/Keeper  (Archaeology). Under the Rules the post of Deputy Keeper (Archaeology) is a feeder  post for promotion to the post of Curator/Keeper(Archaeology). Under the relevant  recruitment rules the requisite qualification is five years serving as Deputy  Keeper(Archaeology).          The question raised in this appeal is, as to whether the appellant possessed  requisite qualification for the promotion to the post of  Curator/Keeper(Archaeology). Undisputed facts are that the appellant was  appointed as Deputy Keeper(Archaeology) on 01.04.1992. He was promoted to the  post of Curator/Keeper (Archaeology) on 22.06.1999.         The Rules clearly provides that  for the post of Keeper(Archaeology) the  appointment is made by way of promotion, failing which by direct recruits. The  Tribunal also found that the requisite qualification is five years in the grade.  The  Tribunal has also recorded a finding that the respondent was not Deputy  Keeper(Archaeology) and, therefore, he is not entitled to be promoted to the post of  Curator/Keeper(Archaeology).         The appellant was appointed as Deputy Keeper(Archaeology) with effect from  01.04.1992 and he was promoted to the post of Curator/Keeper(Archaeology) on  22.06.1999. We are of the view that the appellant has possessed requisite  qualification of five years in the grade.           In that view of the matter, the conclusion recorded by the High Court and the  Tribunal that the appellant did not possess requisite qualification is clearly  erroneous and is accordingly set aside.  The appeal is allowed. No costs.