IMPORTANT POINT
Qualification prescribed for the post of Senior Technical Assistant as M.Sc. Degree in Chemistry, Physics, Chemical Engineering or any allied field of technology can not be considered as a post-graduate research qualification to attract benefit of Rule 30 of CCS (Pension) Rules.

Headnote:(i) CCS (Pension) Rules, 1972-Rule 30-Addition to Qualifying service in special circumstances-Retirement benefits-Computation of-Claim of benefit of Rule 30-Requirements-Posts to which Government servant is appointed is one for which post-graduate research was essential or any specialist qualification or experience in scientific, technological or professional fields was essential-Post was such that candidates of more than 25 years of age were normally recruited-Respondent, M.Sc. in Biochemistry appointed as Senior Technical Assistant-Qualification for that post being M.Sc. Degree in Chemistry, Physics, Chemical Engineering-It could not be considered as a post-graduate research qualification-Qualification prescribed did not indicate that candidate would be normally more than 25 years in age-Conditions of Rule not being satisfied respondent was not entitled to benefit under it.
       Held : The first requirement under Rule 30 is that the post to which the Government servant is appointed is one for which post-graduate research is essential or any specialist qualification or experience in scientific, technological or professional fields, is essential. For the post of Senior Technical Assistant, the qualification is an M.Sc. Degree in Chemistry, Physics, Chemical Engineering or any allied field of technology. This cannot be considered as a post-graduate research qualification. Undoubtedly, the advertisement says that M.Sc. Degree in any of these subjects should be preferably by research but it is not essential that the candidate should have a post-graduate research qualification. The respondent has an M.Sc. Degree in Bio-Chemistry. This cannot be looked upon as a post-graduate research or specialist qualification. (Para 8)
       The second part of the rule is that it should be a post to which candidates of more than twenty-five years of age are normally recruited. The appellants have pointed out that the intention underlying Rule 30(1) is to compensate a Government servant for the time taken by him in securing the specialist qualifications or experience which are essential for appointment to the post to which he is appointed. The qualifications and experience which are prescribed in the present case do not indicate that they would normally take so much time that any candidate who possesses such qualifications and experience would be normally more than twenty-five years in age. A Master s Degree in one of the general fields of Chemistry, Physics, Chemical Engineering or any allied field with two years experience need not necessarily push a candidate beyond the age of twenty-five years. Secondly, experience of the type required does not appear to be a mandatory requirement. Only a preference is indicated for candidates who possess the kind of experience which is prescribed. Therefore, both the conditions of Rule 30 are not satisfied by the respondent. (Para 9)
       (ii) CCS (Pension) Rules, 1972-Rule 30-CSIR-Extended benefit of the Rule to all scientific and technical staff who retired from service after 31.3.1960. (Para 7)

JUDGMENT

Mrs. Sujata V. Manohar, J.- The Council of Scientific & Industrial Research (hereinafter referred to as CSIR ) is a society registered under the Societies Registration Act XXI of 1860. It has been constituted, inter alia, for the purposes of (a) Scientific & Applied Industrial Research of National importance; (b) Setting up Research & Development Projects of National priority with over-all planning for science and technology in the country and for other similar goals including setting up Research & Development Projects sponsored by industries in public/private sector. The respondent was initially given a temporary appointment as Junior Scientific Assistant with effect from 3.1.1959 in Central Food & Technological Research Institute ( CFTRI for short), an institute under the aegis of CSIR .

2. By its advertisement No. 70/59 CSIR invited applications for various posts. The advertisement, inter alia, invited applications for four posts of Senior Technical Assistants. The qualifications for this post were as follows:-

"M.Sc. Degree in Chemistry, Physics, Chemical Engineering or in allied field of technology preferably by research with 2-3 years experience of Industrial Intelligence. Survey and Production, Pilot Plant work, or research development etc.

Experience in liaison work in trade and industry. Workable knowledge of some foreign languages."

The respondent applied for the post of Senior Technical Assistant. He was selected and by order dated 1.11.1960, he was appointed to the post of Senior Technical Assistant in the Industrial Liaison Office at Jaipur in the pay-scale of Rs. 250-500. The respondent holds a Post Graduate Degree in Bio-Chemistry.

3. Thereafter, the respondent sought a transfer to CFTRI at Mysore which was granted. He was promoted first to the post of Scientist on the initial pay of Rs. 600/- in the pay-scale of Rs. 400-950 with effect from 21.3.1966. He was subsequently promoted as Scientist- C with effect from 20.3.1973. He continued in this post till his retirement on superannuation on 30.9.1984.

4. Prior to his retirement the respondent made a representation dated 20.9.1982 seeking an addition of five years of qualifying service for computation of his pensionary benefit under Rule 30 of the CCS (Pension) Rules, 1972. He was informed by the appellants by their letter dated 17.11.1989 that he did not fulfil the conditions stipulated in Rule 30. Hence his request could not be acceded to. Thereafter the respondent made a further representation dated 29.1.1990 for reconsideration of his case which was also rejected by the appellants by their letter dated 24.2.1992.

5. The respondent made Application No. 319 of 1992 before the Central Administrative Tribunal, Bangalore Bench praying, inter alia for giving him the benefit of Rule 30 of the CCS (Pension) Rules, 1972 and to recompute his retirement benefits accordingly. He also sought a direction for payment of differential amount together with interest. This application has been granted by the Tribunal. It has, however, not granted any interest to the respondent. The present appeal is filed from this judgment and order of the Tribunal dated 15.9.1993.

6. The relevant provisions of Rule 30 of CCS (Pension) Rules are as follows :-

"Rule 30: Addition to qualifying service in special circumstances :

(1) A Government servant who retires from a service or post after the 31st March 1960 ; shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service for the actual period by which his age at the time of recruitment exceeded twenty-five years or a period of five years, whichever is less, if the service or post to which the Government servant is appointed is one-

(a) for which post-graduate research, or specialist qualification or experience in scientific, technological or professional fields, is essential; and

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Judicial Analysis

SupremeToday

1997 Supreme(SC) 1154

IMPORTANT POINTQualification prescribed for the post of Senior Technical Assistant as M.Sc. Degree in Chemistry, Physics, Chemical Engineering or any allied field of technology can not be considered as a post-graduate research qualification to attract benefit of Rule 30 of CCS (Pension) Rules.

Judicial Analysis

IMPORTANT POINT
Qualification prescribed for the post of Senior Technical Assistant as M.Sc. Degree in Chemistry, Physics, Chemical Engineering or any allied field of technology can not be considered as a post-graduate research qualification to attract benefit of Rule 30 of CCS (Pension) Rules.