Rakeshwar Verma And Ors. vs Indian Council Of Agricultural ...
2002 Latest Caselaw 353 Del

JUDGMENT

Anil Dev Singh, J.

1. This is a writ petition challenging the order of the Administrative Tribunal, Principal Bench dated 3rd November, 2000. Briefly stated the facts are as follows:-

2. The petitioners are the employees of the Indian Council of Agricultural Research. They are science graduates and are working in T-5 grade. The respondents vide circular dated 3rd February, 2000 revised the criteria for promotion from T-5 to T-6 grade. The circular requires Master's degree in the relevant field or equivalent qualification from a recognised University for direct recruitment to Category III posts comprising of posts in grades T-6, T-7, T-8 and T-9. As per the circular those possessing Master's degree, become eligible for merit assessment promotion from T-5 to T-6 grade upon completing 5 years's service in T-5 grade, while those, such as applicants who possess a Bachelor's degree become eligible for merit assessment promotion from T-5 to T-6 grade upon completion of 10 years service in T-5 grade. The circular to the extent is relevant reads as under:-

"(ii) The provisions relating to Category barrier for assessment promotions from T-5 grade of Category II to T-6 Grade of category III has been revised as under:-

(a) The technical personnel in T-5 grade (Rs.6500-10500) and possessing the essential qualifications prescribed s herein further under this order for Category III for direct recruitment, shall be eligible for assessment promotion to T-6 (Rs.9000-13500) grade after completing five years of service in T-5 grade, while;

(b) The T-5 Technical Personnel who do not possess the essential qualifications as for direct recruitment prescribed hereinfurther under this order for Category III shall be eligible for assessment promotion to T-6 grade after completing 10 years of service in T-5 grade provided such technical personnal are possessing the qualifications prescribed under this order for direct recruitment to Category II (T-3). However, such Technical Personnel in T-5 grade who do not possess the qualifications prescribed under this order for direct recruitment to Category II (T-3) shall not be eligible for further assessment promotion to Category II of the Technical Services."

3. Earlier, persons working in T-5 grade were promoted to T-6 grade if they had put in twelve years of service in t-5 grade and the minimum qualification prescribed for considering them for promotion to T-6 grade was B.Sc. The petitioners are aggrieved of the fact that circular dated 3rd february, 2000 makes classification on the basis of educational qualifications. The person who are having Master's Degree in Science become eligible for assessment promotion from T-5 to T-6 grade on completion of five years of service in T-5 grade, while the petitioners, who are possessing Bachelors' degree, become eligible for assessment promotion from T-5 to T-6 grade on completion of ten years in T-5 grade. According to the petitioners they are being subjected to discriminatory treatment. With this grievance the petitioners approached he Administrative Tribunal, Principal Bench, by means of an Original Application.

4. The Tribunal rejected the original application of the petitioners on the ground that the petitioners were not subjected to any hostile discrimination inasmuch as the classification was based on educational qualification,s which was a rational criteria.

5. Aggrieved by the order passed by the Tribunal, the petitioners have approached us by invoking Article 226 of he Constitution. We do not find any infirmity in the order passed by the Tribunal. The classification on the basis of educational qualifications have been upheld by the Supreme Court in Rajasthan State Electricity Board Accountants Association, Jaipur v. Rajasthan State Electricity Board and Another, wherein it was held as follows:-

"As per the decision of this Court, the position is well settled that educational qualifications can be made the basis of or classification of employees in State services in the matter of pay scales, promotions etc. Similarly in the matter of promotions, classification on the basis of educational qualifications so as to deny eligibility for promotions to a higher post to an employee possessing lesser qualifications or require longer experience for those possessing lesser qualifications has been upheld as valid by this court."

6. In view of the aforesaid decision of the Supreme court it is not open to the petitioners to urge that the classification based on qualification is discriminatory and is not based on any rationale basis. Learned counsel appearing for the petitioner has invited our attention to the judgment of the Supreme Court in R.L. Bansal and others v. Union of India and others, . This decision has no application to he instant case. That was not a case where classification was mad eon the basis of educational qualification.

7. Learned counsel for the petitioner submitted hat the circular has been made applicable to the petitioners with retrospective effect. We do not agree with the learned counsel for the petitioner. The circular has been applied prospectively and no retrospectivity is involved. Accordingly the writ petition fails and is hereby dismissed.