2011 (2) TMI 1608 - SC - Indian Laws

Summary

Issues Involved:
1. Basis for promotion under the BCR Scheme.
2. Applicability of the Tribunal's order dated 07.07.1992 to non-applicants.
3. Validity of promotions based on seniority in the basic grade post the circular dated 13.12.1995.

Summary:

1. Basis for Promotion under the BCR Scheme:
The Supreme Court examined the basis for promotion from Grade-III to Grade-IV within the Department of Telecommunications. Initially, promotions were based on seniority and departmental examinations. The Government introduced the One Time Bound Promotion Scheme and later the Biennial Cadre Review (BCR) Scheme, which allowed upgradation based on seniority in the basic grade after 26 years of service. The Tribunal's order dated 07.07.1992 directed that promotions to 10% posts in Grade-IV should be based on seniority in the basic grade, subject to fulfillment of other conditions in the BCR Scheme.

2. Applicability of the Tribunal's Order Dated 07.07.1992 to Non-Applicants:
The Tribunal's order dated 07.07.1992 in O.A. No. 1455 of 1991 was affirmed by the Supreme Court in Civil Appeal No. 3201 of 1993. However, the Supreme Court clarified that this order applied only to the applicants in the original O.A. and not to other employees who did not approach the Tribunal. The principle from K.I. Shephard's case, which allows non-litigants to benefit from a court's decision, was deemed inapplicable here as the Tribunal did not extend its order to non-applicants.

3. Validity of Promotions Based on Seniority in the Basic Grade Post the Circular Dated 13.12.1995:
The Supreme Court noted that the Government issued a fresh circular on 13.12.1995, stating that promotions to Grade-IV should be based on seniority in the basic grade. This circular was prospective and could not be applied retroactively. The Tribunal's decision to allow promotions based on seniority in the basic grade prior to this circular was incorrect. The Supreme Court held that the respondents, who filed O.A. No. 2484 of 1997 and O.A. No. 2099 of 1997, could not claim promotions based on seniority in the basic grade before 13.12.1995.

Conclusion:
The Supreme Court allowed the appeals, setting aside the High Court's orders dated 22.05.2003 and the Tribunal's common order dated 11.08.2000. The respondents' claims for promotion based on seniority in the basic grade prior to 13.12.1995 were rejected. There was no order as to costs.