DIRECTOR, GENERAL RICE RESEARCH INSTITUTION, CUTTACK AND ANR. versus SHRI KHETRA MOHAN DAS

DIRECTOR, GENERAL RICE RESEARCH INSTITUTION, CUTTACK AND ANR. versus SHRI KHETRA MOHAN DAS

The respondent, not being in the pay scale of Rs. 425-700 at the relevant date, was not entitled to fitment in Grade T-II-3 of Category II based solely on qualifications; Rule 5.1 requires induction to be on pay scale, and subsequent promotion cannot affect initial fitment. Tribunal's conclusion was erroneous and is set aside.

Parties
Appellant: Director, General Rice Research Institution, Cuttack; Respondent: Khetra Mohan Das; Intervenor: Yashank Adhyaru and A.P. Medh
Jurisdiction
India
Judgment Date
06 October 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal From Central Administrative Tribunal
Outcome
Appeal allowed; finding of Tribunal that respondent was appointed in Grade T-II-3 Category II with effect from 1.10.75 set aside. No order as to costs.
Legal Topics
Fitment Under Technical Service Rules, Promotion Criteria, Initial Adjustment of Employees, Pay Scale Rationalisation
Service Law Fitment Under Technical Service Rules Promotion Criteria Initial Adjustment of Employees Pay Scale Rationalisation

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Parties

Director, General Rice Research Institution, Cuttack

Appellant

Khetra Mohan Das

Respondent

Yashank Adhyaru and A.P. Medh

Intervenor

Procedural Posture

Civil Appeal / Supreme Court Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether respondent was entitled to fitment in Category II Grade T-II-3 under ICAR Technical Service Rules based on qualification and/or pay scale
  2. 2 Effect of subsequent promotion on initial fitment as per Rule 5.1

Ratio Decidendi

The respondent, not being in the pay scale of Rs. 425-700 at the relevant date, was not entitled to fitment in Grade T-II-3 of Category II based solely on qualifications; Rule 5.1 requires induction to be on pay scale, and subsequent promotion cannot affect initial fitment. Tribunal's conclusion was erroneous and is set aside.

Court Disposition

Appeal allowed; finding of Tribunal that respondent was appointed in Grade T-II-3 Category II with effect from 1.10.75 set aside. No order as to costs.

Orders

  • Finding of Tribunal set aside
  • Respondent not deemed appointed in Grade T-II-3 Category II with effect from 1.10.75