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(a) was not extended. Later, upon the recommendations of the Fifth Central Pay Commission, STAs in the higher pay grade have been re- designated as „STA-I‟ and the remaining have been designated as „STA- II‟. The petitioners had not held any DPC for the post of JSO from 1994 to 2000 which resulted in accumulation of vacancies. In 2000, vide SRO 84 dated 21.03.2000 and notified on 08.04.2000, i.e. the amended Recruitment Rules, the promotion to the grade of JSO was from the feeder cadres of Foreman/SSA/Chief Draughtsman/STA-I in the respective disciplines. While preparing the panel all the vacancies were clubbed and the panel has been formed on the basis of the amended Recruitment Rules. While 15 STAs would have been empanelled as per the old Rules, only 9 STAs were included as per the new Rules as now only STA-I stood as a feeder cadre to the exclusion of the persons now categorised as STA-II. It was also submitted that in the panel impugned, STAs were placed en bloc junior to Foremen, Chief Draftsman and SSAs, which is not permissible as per law. The submissions of the respondents before the Tribunal were that the failure of the petitioners herein to follow the old Recruitment Rules, including the 20-point roster, fewer posts have been allotted to STAs. It was incumbent upon the petitioners herein to follow the old Recruitment Rules as the new Rules had no retrospective effect and vacancies occurred prior to the amendment should have been filled as per the old Rules. It was also submitted that administrative instructions, of the Department of Personnel and Training, Government of India („DoPT‟) in the present case, could not override the statutory rules. The respondents herein had relied upon DoPT Instructions dated 10.03.1989; P. Mohan Reddy v. E.A.A.A. Charles and Others, 2001 (2) Scale 105; and Y.V. Rangaiah v. J. Sreenivasa Rao, AIR 1983 SC 852.

6. Before the Tribunal, the stand of Union of India/ petitioner was that after 01.01.1988, on the basis of the award of Board of Arbitration, 41% of posts each in the grades of SSAs and Chief Draughtsmen („CDM‟) were accorded higher revised pay scale of Rs. 2,375-3,500 and classified as „SSA (HS)‟ and „CDM (HS)‟. As such, while Group „B‟ Gazetted promotional post of JSO was in the Pay Scale of Rs. 2,000-3,500; in May, 1994, few category of Foremen, SSA (HS) and CDM(HS) were also placed in Group B Gazetted at a higher Pay Scale of Rs. 2,375- 3,500. The DoPT, being the nodal authority in matters of promotion, advised the petitioners not to hold the DPC for promotion to the post of JSO until rationalization of the cadre structure; which was attained on implementation of the recommendations of the Fifth Pay Commission whereby the post of JSO was fixed in the upgraded scale of Rs. 7500- 12000 instead of the normal replacement scale of Rs. 6500-10500. As regards the cadre of STAs, the upgraded scale of Rs. 6500-10500 has been accorded, instead of normal replacement scale of Rs. 5500-9000 w.e.f. 01.01.1996 and the cadre was restructured into two separate grades of STA Grade-I and STA Grade-II. In June, 1998 41% of the posts of STAs were granted higher scale of Rs. 2375-3500 (pre-revised) retrospectively w.e.f. 01.01.1988 and classified as „STA-I‟. At this stage, the DoPT was again consulted, which decided to defer the filling up of cadre of post of JSO unless the relevant recruitment rules are revised and amended. The petitioners relied upon OM dated 25.05.1998 issued by DoPT providing inter alia that in the case of posts granted higher pay scale and not the equated revised scale, the existing recruitment rules were not to be operated pending revision of the rules. Thereafter, the Recruitment Rules were amended, vide SRO 84 dated 21.03.2000, which had come in effect from 08.04.2000. The DPC had met for all the available vacancies of JSO as available on 31.03.2001 and created the impugned panel. According to the petitioners 1982 recruitment rules for the post of JSO had become inoperative after May, 1994 and as such upon the advice of the DoPT, the DPC had not been held from the year 1994 to 2000. After restructuring cadre of STAs in terms of order dated 12.02.1998, the persons holding the erstwhile post of STAs are now designated either as „STA-II‟ in the upgraded revised Pay Scale of Rs. 6500-10500 or „STA-I‟ in the higher scale of Rs. 7450- 11500. The respondents, having accepted the said replacement, could not contend that they have been adversely by the empanelment. The clubbing of vacancies has taken place on revision of 1982 Recruitment Rules. It was stated by the petitioners before the Tribunal that as per the revised recruitment rules, it is the STA-I who along with Foremen, SSAs and CDMs were eligible for promotion and there is an arrangement of a single select panel with reference to their dates of regular appointment in their respective feeder grade. As regards the applicability of the 20-point roster, it was submitted that the same was vague and is no longer applicable.

designated as SSA and CDM respectively and are to form the feeder, alongwith FM and STA-I for promotion to the grade of JSO.

4. In the light of the aforesaid changes, it has been opined by DOP&T that the post of JSO can still not be filled unless the relevant recruitment rules are suitably framed/amended. While necessary action to frame/amend the relevant recruitment rules was accordingly initiated, a reference was made to the UPSC (JSO being a Group „B‟ post) to allow filling the vacant posts in the grade of JSO by promotion in accordance with the proposed provisions of the amendments to RRs pending their formal notification. The matter was pursued with the Commission by holding discussions at the highest levels. The Commission, however, brought out that it was imperative that amendment/finalization of the recruitment rules of the feeder grade posts is settled first.

The above categorization was the reason due to which DPC could not be conducted as per the Recruitment Rules of 1982 amended in 1987. As three posts were categorized as Group „B‟ Gazetted post and only STA remained a feeder post. This rendered the old Recruitment Rules inoperative, dysfunctional and incapable of implementation, even for the post of STA which was continued to be feeder post. Accordingly, DoPT in the year 1994 itself advised for restructuring of the cadre in order to rationalize the same. However, the cadre could be restructured only after the implementation of the recommendations of the 5th Pay Commission. The recommendations were implemented w.e.f. 01.01.1996, pursuant to which JSO post was upgraded to the pay scale of Rs.7500-12000 and was Group „B‟ Gazetted post, whereas the four post posts were placed as under: