UNION OF INDIA Vs J.EDWARD SIMON
Bench: DEEPAK VERMA,DEEPAK VERMA
Case number: C.A. No.-007922-007923 / 2011
Diary number: 898 / 2010
Advocates: D. S. MAHRA Vs
S. RAMAMANI
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 7922-7923 OF 2011
(Arising out of SLP(C) No.6975-6976/2010)
UNION OF INDIA & ORS. Appellant(s)
:VERSUS:
J. EDWARD SIMON & ANR. Respondent(s)
O R D E R
1. Delay condoned. Leave granted.
2. We have heard the learned counsel for the
parties.
3. Learned senior counsel appearing on behalf of
the Union of India has drawn our attention to an
Office Memorandum dated 9.1.1978, issued by the
Government of India, Indian Space Research
Organisation (Page 52 of the Paper Book), para 1.3
of which deals with the posts of Laboratory
Technicians. He submitted that there are three
grades in the category of Laboratory Technicians
which are as under :
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i) Lab. Technician 'A' - Rs.320-6-326-8-390-10-400
ii) Lab. Technician 'B' - Rs.380-12-500-EB-15-560
iii) Lab. Technician 'C' - Rs.425-15-500-EB-15-560-20-
700
4. Learned senior counsel further submitted that
a candidate who joins as Lab. Technician 'A', is
considered for promotion to Lab. Technician 'B' and
Lab. Technician 'B' is considered for promotion to
the post of Lab. Technician 'C'. After Lab.
Technician Grade 'C', there are no further
promotional avenues for Lab. Technicians and both
the Central Administrative Tribunal and the High
Court have fallen in error in directing that the
cases of those employees who joined as Lab.
Technician 'C', needs to be reviewed once in three
years for giving them better promotional prospects.
5. In the present case, in absence of any
further promotional avenues in the category of Lab.
Technicians Grade 'C', the respondents cannot be
promoted to any other position or higher post.
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6. In our considered view, the respondents
cannot be considered for further promotion from Lab.
Technician 'C'. Consequently, the impugned judgment
of the High Court and that of the Central
Administrative Tribunal are set aside.
7. These appeals are allowed leaving the parties
to bear their own costs.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; September 15, 2011.