Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bureau of Indian Standards |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulations, 1988 - Regulation 9 - Promotion - Under 'Flexible Complementing Scheme' - Amendment of Scheme in 1998 - Amendment adopted by the employer in 2002 - Promotion given as per 1998 - Amendment - Writ Petition claiming promotion on the basis of unamended Scheme - Courts below directing promotion on the basis of unamended Scheme on the ground that at the time when the promotions fell due, amended rules did not exist - On appeal, held: Employees not entitled to promotion under the unamended Scheme - The amendment having been given immediate effect to by the Notification of the date prior to the date the promotions fell due as per unamened Scheme, view of courts below not correct - Bureau of Indian Standards Act, 1986 - s. 38. 'Flexible Complementary Scheme' (FCS), introduced in 1983/1986 was adopted by the appellant-Bureau in 1996 after recommendation of Fifth Central Pay Commission. By a Notification dated 9.11.1998 changes were introduced in the FCS whereby benefit of FCS was based on scientific and technical knowledge; and eligibility for promotion was increased to 7 years from 5 years. The benefit of FCS was also extended to Scientist 'F' and 'G' thereby. The Bureau implemented the change by amending Regulation 9 of Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulations, 1988 in 2002. The benefit thereunder was to be given w.e.f. 9.11.1998. Respondents were working as Scientist 'C' w.e.f. 1994, in the pay-scale of Rs.10,000-15,200 in the Bureau. They were promoted under FCS in 2003 w.e.f. 2001. They filed Writ Petition on the ground that they were to be promoted as Scientist-D on completion of 5 years i.e. in 1999. The Bureau attributed the delay in promotion, to the change in Service Regulations. During pend ency of the petition, another Notification was issued in 2004, again amending Regulation 9 whereby a bar against retrospective implementation of the Scheme was introduced. Single Judge allowed the Writ Petitions holding that the petitioners (respondents herein) had become entitled to promotion as Scientist 'D' in 1999 and at that time Rules to the contrary did not exist Division Bench of High Court held that the amendment of 2004 being prospective in its operation was not applicable to the employees. The order of Single Judge was upheld. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1007 |
Petitioner | Bureau Of Indian Standards |
Respondent | S.k. Kanojia |
SCR | [2007] 10 S.C.R. 574 |
Judgement Date | 2007-10-05 |
Case Number | 4657 |
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