Full Judgment Text
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PETITIONER:
COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH NEW DELHI & ANR.
Vs.
RESPONDENT:
M. V. SASTRY & ANR.
DATE OF JUDGMENT: 01/09/1997
BENCH:
SUJATA V. MANOHAR, M. JAGANNADHA RAO
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Mrs. Sujata V. Manohar, J.
The Council of Scientific & Industrial Research
(hereinafter referred to as ‘OSIR’) is a society registered
under the Societies Registration Act XXI of 1860. It has
been constituted inter alia, for the purposes of (a)
Scientific & Applied Industrial Research of National
importance; (b) Setting up Research & Development Projects
of National priority with over-all planning for science and
technology in the country and for other similar goals
including setting up Research & Development Projects
sponsored by industries in public/private sector. The
respondent was initially given a temporary appointment as
Junior Scientific Assistant with effect from 3.1.1959 in
Central Food & Technological Research Institute (’CFTRI’ for
short), an institute under the aegis of ’CSIR’.
By its advertisement No. 70/59 ’CSIR’ invited
applications for various posts. The advertisement, inter
alia, invited applications for four posts of Senior
Technical Assistants. The qualifications for this post were
as follows:-
"M.Sc. Degree in Chemistry Physics
Chemical Engineering or in allied
field of technology preferably by
research with 2-3 years experience
of Industrial Intelligence. Survey
and Production, Pilot Plant work or
research development etc.
Experience in liaison work in trads
and industry. Workable knowledge of
some foreign languages."
The respondent applied for the post of Senior Technical
Assistant. He was selected and by order dated 1.11.1969, he
was appointed to the post of Senior Technical Assistant in
the Industrial Liaison Office at Jaipur in the pay-scale of
Rs. 250-500. The respondent holds a Post Graduate Degree in
Bio-Chemistry.
Thereafter, the respondent sought a transfer to ’CFTRI’
at Mysore which was granted. He was promoted first to the
post of Scientist on the initial pay of Rs. 600/- in the
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pay-scale of Rs. 400-950 with effect from 21.3.1966. He was
subsequently promoted as Scientist-’C’ with effect from
20.3.1973. He continued in this post till his retirement on
superannuation on 30.9.1984.
Prior to his retirement the respondent made a
representation dated 20.9.1982 seeking an addition of five
years of qualifying service for computation of his
pensionary benefit under Rule 30 of the CCS (Pension) Rules,
1977. He was informed by the appellants by their letter
dated 17.11.1989 that he did not fulfil the conditions
stipulated in Rule 30. Hence his request could not be
acceded to. Thereafter the respondent made a further
representation dated 29.1.1990 for reconsideration of his
case which was also rejected by the appellants by their
letter dated 24.2.1992.
The respondent made Application No. 319 of 1992 before
the Central Administrative Tribunal, Bangalore bench
praying, inter alia for giving him the benefit of Rule 30 of
the CCS (Pension) Rules, 1972 and to re-compute his
retirement benefits accordingly. He also sought a direction
for payment of differential amount together with interest.
This application has been granted by the Tribunal. It has,
however not granted any interest to the respondent. The
present appeal is filed from this judgment and order of the
Tribunal dated 15.9.1993.
The relevant provisions of Rule 30 of CCS (Pension)
Rules are as follows:-
Rule 30: Addition to qualifying
service in special circumstances:
(1) A Government servant who
retires from a service or post
after the add to his service
qualifying for superannuation
pension (but not for any other
class of pension) the actual length
of his service or the actual period
by which his age at the time of
recruitment exceeded twenty-five
years or a period of five years,
whichever is less, if the service
or post to which the Government
servant is appointed is one-
(a) for which post-graduate
research, or specialist
qualification or
experience in scientific
technological or
professional fields, is
essential; and
(b) to which candidates of
more than twenty-five
years of age are normally
recruited:
Provided that this concession shall
not be admissible to a Government
service unless his actual
qualifying service at the time he
quits Government service is not
less than ten years:
Provided further that this
concession shall be admissible only
if the recruitment rules in respect
of the said service or post contain
a specific provision that the
service or post is one which
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carries the benefit of this rule.
...................................
...........
(2) ...............................
(3) ............................. "
It was contended by the appellants before the Tribunal
that the provisions of Rule 30 would not be attracted
because there was no express specific provision in the
requirement rules relating to the said post to the effect
that the post is one which carries the benefit of this rule.
This contention, however, has been rightly negatived by the
tribunal. Till 1980 ’CSIR’ had not adopted this concession.
In 1980 ’CSIR’ extended this provision only to the
Scientists and Technologists appointed in the pay-scale of
Rs. 1500-2000 and above. However, vide notification
19.5.1982 the benefit of this rule was extended to all
scientific and technical staff. Thereafter by a notification
dated 28.10.1987 this benefit was extended even to those who
had retired from service after 31.3.1960. Therefore, the
respondent is entitled to the benefit of Rule 30 of he is
otherwise eligible for the same.
The first requirement under Rule 30 is that the post to
which the government servant is appointed is one for which
post-graduate research is essential or any specialist
qualification or experience in scientific, technological or
professional fields, is essential. For the post of Senior
Technical Assistant, the qualification is an M. Sc. Degree
in Chemistry, Physics, chemical Engineering or any allied
field of technology. This cannot be considered as a post-
graduate research qualification. Undoubtedly, the
advertisement says that M.Sc. Degree in any of these
subjects should be preferably by reproach but it is not
essential that the candidate should have a post-graduate
research qualification. The respondent has an M. Sc. Degree
in Bio-Chemistry. This cannot be looked upon as a post-
graduate research or specialist qualification. This becomes
clear if one looks at the qualification for some of the
other posts which were advertised by ’CSIR’. For example,
the appellants have drawn our attention to an advertisement
in ’The Hindu’ of December 12, 1954 for the post of Junior
Scientific officer, Bio-Chemistry Division where the
qualifications prescribed by ’CSIR’ are: M.Sc. or Ph.D. in
Biochemistry or Microbiology with at least two years in work
on Bacterial Chemistry. Experience of work in antibiotics
will be an additional qualification. Here specialist
qualifications and experience are clearly prescribed, unlike
the general qualifications and experience prescribed in the
present case. In the advertisement there is also a
preference indicated for a candidate possessing two or three
years experience in industrial intelligence or survey and
production or pilot plant work or research development etc..
as also experience in liaison work with trade and industry.
This is not "specialist" experience in scientific,
technological or professional fields. This is a general
outline of the various kinds of experiences, at least some
of which the candidate should have, over a period of two or
three years. Clause (a) of Rule 30, therefore is not
satisfied in the case of the respondent.
The second part of the rule is that it should be a post
to which candidates of more than twenty-five years of age
are normally recruited. The appellants have pointed out that
the intention underlying Rule 30 (1) is to compensate a
government servant for the time taken by him in securing the
specialist qualifications or experience which are essential
for appointment to the post to which he is appointed. The
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qualifications and experience which are prescribed in the
present case do not indicate that they would normally takes
so much time that any candidate who possesses such
qualifications and experience would be normally more than
twenty-five years in age. A Master’s Degree in one of the
general fields of Chemistry, Physics Chemical Engineering or
any allied field with two years experience need not
necessarily push a candidate beyond the age of twenty-five
years. Secondly, experience of the type required does not
appear to be a mandatory requirement. Only a preference is
indicated for candidates who possess the kind of experience
which is prescribed. Therefore, both the conditions of Rule
30 are not satisfied by the respondent.
The respondent has contended before the Tribunal that
there were other officers in ’CSIR’ who were given the
benefit of Rule 30. The appellants have pointed out that
none of the officers so mentioned by the respondent were
appointed to the post to which the respondent was appointed.
They were required to much higher post for which specialist
qualifications/research experience were assential.
The appeal is, therefore, allowed and the impugned
order of the Tribunal is set aside. There will, however, be
no order as to costs.