Nirmal Chandra Bhattacharjee And Ors. vs Union Of India (Uoi) And Ors. on 19 September, 1990
5. The learned counsel for the Applicant would contend that the Director General, Additional Director General and Deputy Director-General of Meteorology (Group 'A' posts) Recruitment Rules, 1994 (Annex A-3) are still in force and promotions have to be regulated as per these rules only. It was pointed out that even in the impugned order dated 29.01.2010, the Respondents had admitted that the promotions are to be considered as per the extant recruitment rules till they are amended as per the established procedure. He would contend that it was most objectionable for the Respondents still to contend that the recommendations of the DPC were under consideration, after more than one year had elapsed since its meeting in February 2009. It was contended that the Respondents were deliberately flouting the prescribed guidelines in order to frustrate the recommendations of the DPC. Posts have been lying vacant for more than two years and yet these have not been filled up as per the prescribed procedure under the rules. The attempt of the Respondents to hold the meeting of the assessment board for promotion from Scientist E and scientist D is against the existing Recruitment Rules. Reliance has been placed on Nirmal Chandra Bhattacharjee and others V. Union of India and others, 1991 Supp (2) SCC 363 and Management of M/S MS Nally Bharat Engineering Co. Ltd. V. State of Bihar and others, (1990) 2 SCC 48.