THE SCHEDULED CASTE UPLIFT UNION AND ANR. versus UNION OF INDIA AND ORS

THE SCHEDULED CASTE UPLIFT UNION AND ANR. versus UNION OF INDIA AND ORS

The petitioners, not working as Junior Scientific Officers and lacking the required degree, did not satisfy the eligibility criteria for promotion as per the amended rules. Being empanelled does not equate to holding the post; therefore, petitioners cannot claim to be affected by the rule or entitled to promotion.

Parties
Petitioner: Scheduled Caste Uplift Union and Another; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
20 April 1995
Procedural Posture
Writ Petition (c) No. 390 of 1995 / Final Disposition
Outcome
Petition dismissed
Legal Topics
Promotion Rules, Eligibility Criteria, Amendment of Service Rules, Defence Quality Assurance Rules, 1979
Service Law Promotion Rules Eligibility Criteria Amendment of Service Rules Defence Quality Assurance Rules, 1979

Case Brief

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Parties

Scheduled Caste Uplift Union and Another

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (c) No. 390 of 1995 / Final Disposition

Legal Issues

  1. 1 Whether the amended rules requiring three years' service and a degree in Engineering for promotion to Senior Scientific Officer Grade II validly apply to petitioners who were empanelled but not working as Junior Scientific Officers at the time of amendment
  2. 2 Whether diploma-holders empanelled for promotion can claim parity with regularly working Junior Scientific Officers regarding eligibility for promotion

Ratio Decidendi

The petitioners, not working as Junior Scientific Officers and lacking the required degree, did not satisfy the eligibility criteria for promotion as per the amended rules. Being empanelled does not equate to holding the post; therefore, petitioners cannot claim to be affected by the rule or entitled to promotion.

Court Disposition

Petition dismissed

Orders

  • Petition fails and is dismissed.