9911796707
TMI Blog1996 (12) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment dated March 17, 1987 of the Tribunal in R.P. Joshi v. Union of India and Ors. (A.No. 497/86). 3. The Tribunal answered the question in the negative and against the appellant. This appeal by the Union of India is against the judgment of the Tribunal dated December 20, 1991. 4. We have heard learned Counsel for the parties. We are of the view that in the facts and circumstances of this case no fault can be found with the impugned judgment of the Tribunal. One R.P. Joshi in A. No. 497/86 had approached the Tribunal with the contention that the promotion of a Senior Scientific Assistant (SSI) to the cadre of Jr. Scientific Officer (JSO) could only be governed by the Defence Science Service Rules, 1967 (1967 Rules) and the Defence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s applicable to whole of the cadre hut when the judgment is read as a whole the impression is repelled. We confirm the judgment to Joshi alone. 6. The 1988 Rules specifically repeal the 1967 Rules to the extent the 1980 Rules are applicable. Since the 1988 Rules were made operative retrospectively with effect from March 8, 1980, the Union of India declined to give benefit to Joshi of the judgment of the Tribunal in A. No. 497/86 dated March 17, 1987. This is how the present Application No. 1543/88 came to be heard and decided by the Tribunal. 7. V. S. Malimath, Chairman, speaking for the Bench, relying upon the judgments of this Court in P.S. Mahal and Ors. v. Union of India and Ors. (1984)IILLJ282SC and A.V. Nachtmi and Anr. v. Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the rule of subject - wise promotion till 17.3.1978 the judgment of this Tribunal. In other words the impugned rule would be enforceable only in regard to the promotions to be made to vacancies arising after 17.3.1987. Promotions till that date have to be made in accordance with the rule of subject-wise promotion. 8. We are of the view that in the facts and circumstances of this case, especially in the absence of a validating clause in the 1988 Rules, we are not inclined to interfere with the impugned judgment of the Tribunal. 9. We, however, clarify that in view of our finding that the judgment of the Tribunal dated March 17, 1987 in A. No. 497/86 gives relief only to Joshi, the benefit of the said judgment of the Tribunal cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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