1996 (12) TMI 405 - SC - Indian Laws

Summary

Issues:
1. Interpretation of Defence Research and Development Organisation (Junior Scientific Officer) Recruitment (Amendment) Rules, 1988.
2. Effect of the 1988 Rules on the judgment of the Tribunal in R.P. Joshi v. Union of India and Ors.
3. Application of subject-wise seniority in promotion from Senior Scientific Assistant to Junior Scientific Officer.
4. Validity of the Tribunal's judgment dated March 17, 1987 in A.No. 497/86.
5. Compliance with the Tribunal's judgment in A.No. 497/86 in light of the 1988 Rules.

Analysis:
The Supreme Court considered the issue of whether the Defence Research and Development Organisation (Junior Scientific Officer) Recruitment (Amendment) Rules, 1988, nullified the Tribunal's judgment in R.P. Joshi v. Union of India and Ors. The Tribunal had directed a re-do of the promotion process from Senior Scientific Assistant (SSI) to Junior Scientific Officer (JSO) based on subject-wise seniority. The Court noted that the 1988 Rules repealed the 1967 Rules to the extent the 1980 Rules were applicable, but the Tribunal's binding decision could not be rendered non-existent by the new Rules. The Court emphasized that the rule-making authority cannot retrospectively nullify a binding decision. Thus, the respondents were directed to comply with the Tribunal's judgment in A.No. 497/86 regarding subject-wise promotion until a certain date, with the new Rules applicable only to promotions after that date.

The Court clarified that the Tribunal's judgment in A.No. 497/86 provided relief only to Joshi and not to any other individual. Therefore, the benefit of the judgment could not be extended to others seeking similar relief. The Court held that even a retired individual seeking the benefit of the judgment was not entitled to relief. In the absence of a validating clause in the 1988 Rules, the Court declined to interfere with the Tribunal's judgment. The Court concluded that the Tribunal's decision in A.No. 497/86 was specific to Joshi and did not apply to others, emphasizing the limited scope of relief granted by the Tribunal.

Overall, the Supreme Court upheld the Tribunal's judgment in A.No. 497/86, emphasizing the importance of complying with binding decisions and the limitations on retrospective nullification of such decisions by new rules. The Court's decision clarified the application of subject-wise seniority in promotions and the specific relief granted to the individual involved in the original case.