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HON'BLE Mrs.P.GOPINATH, ADMINISTRATIVE MEMBER The applicant was initially appointed as Projector Operator in Central Institute of Fisheries Technology (CIFT) in the scale of pay of Rs.1200- 1800/- with effect from 2.1.1991. He was adjusted as Technician, Grade T.2 (Projector Operator) with effect from 23.11.1994 in the scale of pay of Rs.1200-2040/- in Technical Service. He was promoted to the next high grade, namely, Grade T-1-3 in Category I in Technical Service with effect from 23.11.1999 in the scale of pay of Rs.4500-7000/- on completion of 5 years service from 23.11.1994. Again he was promoted to Grade T-3 in Category II with effect from 23.11.2004 based on the Modified Technical Service Rule issued on 3.2.2000 on completion of 10 years service from 23.11.1994. The applicant submits that he obtained the qualification of SSLC, competency certificate in Cinema Operation by the Board of Examination, Government of Kerala and obtained Cinema Operator License and that there is no diploma course in the relevant field available. Therefore, he claims that the incumbents who obtained competency certificate issued by the Board are qualified for selection and appointment as Projector Operator in Category II of Technical Service Rules in ICAR.

2. The Technical Service Rule of ICAR was issued in the year 1977 with effect from 1.10.1975. The relevant provisions of Technical Service Rule and Appendix IV (Workshop including Engineering Workshop Staff) are extracted hereunder :

Clause 3.1 The Technical Services are grouped into three categories consisting of the following grades : 
Category       Grade                               Pay Scale
Category I     T-I      Rs.260-6-290-EB-6-326-8-366-EB-8-390-10-430
               T-2      Rs.330-10-380-EB-12-500-EB-15-560
               T-I-3    Rs.425-15-500-EB-15-560-20-700
Category II    T-II-3   Rs.425-15-500-EB-15-560-20-700
               T-4      Rs.550-25-750-EB-30-900
               T-5      Rs.650-30-740-35-810-EB-35-880-40-1000-EB-40-1200
               T-6      Rs.700-40-900-EB-40-1100-50-1300
               T-7      Rs.1100-50-1600
Category III
               T-8      Rs.1300-50-1700
               T-9      Rs.1500-60-1800-100-2000
6. Must have a license from a competent authority.

4. The applicant was selected and appointed by proceedings dated 22.8.1991. He was appointed as Projector Operator in the scale of pay of Rs.1200-1800/-. The post of Projector Operator was re-classified as Technical from 23.11.1994 vide ICAR letter dated 1.8.1995 and the incumbent, the applicant, was inducted to Grade T-2 in the Technical Service. The applicant obtained the certificate of Projector Operator issued by recognized institution and there is no recognized institution in India issuing diploma/certificate for Projector Operation for one year duration or more. The applicant is qualified for entering in grades in category II as per the qualification stipulated in the Appendix IV of Technical Service Rules. Therefore, the applicant who had commenced service in September 1991 and was inducted in grade T-2 and obtained the qualification for category II must be placed/inducted in the Grade T-II-3 in category II with effect from 1.1.1995. Similarly placed technical personnel who was working as Projector Operator in CMFRI and obtained only competency certificate issued by the Department and not Diploma qualification, had been inducted into Grade T-II-3 in category II with effect from 1.1.1995. Similar orders had been issued inducting large number of Technical Personnel in the different institutes of ICAR, namely, CPCRI, CMFRI, CTCRI etc. The applicant is similarly placed and is entitled to get identical treatment.

9. It is submitted that the process of his initial induction into Technical Services with effect from 23.11.1994 as T-2 and further merit promotions granted upto the level of T-4 grade from 23.11.2010 was dealt with in accordance with the provisions of Rules related to Group II Laboratory Technician for which the essential qualification for placements in Category is 3 years of Diploma/Bachelors Degree/equivalent qualification in the relevant field which was not possessed by the applicant. The applicant had opted to be governed under the Modified Technical Services Rules effective from 3.2.2000. Accordingly he was placed in T-3 grade under Cat.II with effect from 23.11.2004 after completion of ten years combined service in T- 2 & T-I-3 grades. As the applicant did not possess the requisite qualification of 'Three year's Diploma/Bachelor's Degree/equivalent qualification in the relevant field' he was not eligible to be placed in to T-II- 3 grade (Cat.II) with effect from 23.11.1999. The Certificate of Competency in Cinema Operation possessed by him is not equivalent to 'Three year's Diploma/Bachelor's Degree/equivalent qualification in the relevant field' as required under the Recruitment Rules for Technical posts under Category-II of Technical Service Rules in ICAR. For want of requisite qualification the applicant is not entitled to placement into T-II-3 grade (Cat.II). But on the basis of the qualification and competency certificate actually possessed by the applicant his service conditions have been properly and promptly regulated under Category-I of the TSR. As a result the applicant was rightly placed in T-I-3 grade (Cat.I) and subsequently placed in T-3 grade under the modified Technical Service Rules with effect from 23.11.2004 after completion of ten years combined service in T-2 & T-I-3 grades. It is submitted that as per the advice from the 1st respondent it was ascertained from the Chief Electrical Inspector, Government of Kerala that it is not conducting any Diploma Course in the field of Cinema Operation vide Annexure R-2c letter No.G2-17593/06/CEI dated 15.11.2006. Respondents submit that the same procedure was also applicable to the case of Shri.K.Chacko. However, the representation of Shri.K.Chacko for placement into T-II-3 grade was erroneously processed under the provisions prescribed for the Technical posts under Group - III - Workshop Staff (including Engineering Workshop Staff) for which an alternative qualification of competency/proficiency certificate such as license for driving vehicles and duties in the vessels was prescribed. After granting placement of Shri.K.Chacko in T-II-3 grade with effect from 1.1.1995 the applicant had submitted his representation for similar benefit. However, on examination of his representation it was found that the same cannot be acceded to as he did not belong to the Functional Group - III - Workshop Staff (including Engineering Workshop Staff). At the time of processing his representation it was found that the placement in T-II-3 grade from 1.1.1995 granted to Shri.K.Chacko was wrong and a decision was taken to re-process the case for rectification. This, however, could not be done due to the fact that Shri.Chacko had already retired on superannuation on 31.5.2007, and become a pensioner and recovery from his pension was not possible in his case at this belated stage.