Important Point
Rules framed by ICAR-Society laying down conditions of service of its employees are not statutory rules and can be amended by a resolution of the competent body of ICAR and any legislation or framing of rules under Art. 309 of the Constitution is not necessary.

Headnote:Service Law-Constitution of India, Articles 14 and 16-Promotion-Old Scheme of promotion-Substituted by new Career Advancement Scheme which was given retrospective operation-Scientists given option to choose from scheme-Respondent/scientist giving conditional option of being covered by new Scheme-Receiving revised UGC pay scales under new Scheme-Promoted to next higher grade w.e.f. Jan. 1990 under new Scheme-Respondent/scientist contending that he be given promotion from 1987 under old Scheme-Whether respondent/scientist acquires vested rights for promotion under old Scheme in terms of existing Rules at that time or can amended Rules be given effect retrospectively w.e.f. January 1, 1986-Rules framed by ICAR Society-Not statutory rules-Can be given retrospective effect-Amended Rules given retrospective operation applicable to all scientists without discrimination-Conditional option for being covered by new Scheme-Cannot be given by respondent/scientist-Action of ICAR- Society not violative of Articles 14 and 16 of the Constitution.
       Held : In the present case before us the respondent is not governed by any statutory rules. Here it is the competent body of the appellant which frames rules laying down conditions of service of its employees. Rules framed by the Society are not statutory rules and they can be amended by a resolution of the competent body and any legislation or framing of rules under Article 309 of the Constitution is not required. Scientists of the appellant had been agitating for grant of UGC pay-scales. When a decision was taken on the basis of reports of the various committees and in consultation with the Ministry of Finance and UGC scales of pay were granted from January 1, 1986 the challenge to such decision could not be entertained. Moreover, no question of promotion as such is involved. Any Scientist of S-1 grade having 12 years service could go to the next higher grade irrespective of the fact that if there is any vacancy in the higher grade or not. Of course, he cannot pick up the higher grade merely on completion of 12 years’ service and his work has to be assessed. It is also not the case of the respondent that any Scientist had been treated differently than him after January 1, 1986. To all the Scientists amended rules effective from January 1, 1986 had been applied without any discrimination. Scientists including the respondent are now in a much better position. It cannot be said that action of the appellant has been in any way unreasonable, arbitrary or irrational for respondent to challenge the same as violative of Articles 14 and 16 of the Constitution.
       In our opinion the Tribunal also did not address itself to another aspect of the matter, namely, whether the respondent could give a conditional option. We do not think he could do so. The appellant was justified in ignoring any condition given in the option when respondent wanted UGC pay package from January 1, 1986. (Paras 15 & 16)

Judgment

Wadhwa, J.-Leave granted.

2. The appellant is a society registered under the Societies Registration Act and is engaged in the research of agriculture, animal husbandry, fishery, etc. having network of research institutes in different parts of the country. It is aggrieved by the judgment dated August 26, 1996 of the Central Administrative Tribunal, Hyderabad (‘Tribunal’ for short) allowing the petition of the respondent, a scientist working with the appellant. Tribunal directed the appellant to consider the case of the respondent for promotion to the higher grade of Scientist (senior scale) from the year 1987 on the basis of five yearly assessment scheme in existence at that time and if found fit to promote him and to fix his pay in the revised scale of pay introduced as per proceedings dated March 9, 1989 notionally and to make him actual payment in that scale on the basis of above fixation from January 13, 1990 when he was actually promoted to that grade. A further direction was that the respondent be paid arrears of salary, if any, within a period of three months from the date of receipt of copy of the judgment.

3. The appellant introduced Agricultural Research Service with effect from October 1, 1975 and the relevant grades and pay-scales of scientists working with it on December 31, 1985 were as under:-

“Grade Pay Scale

Scientists-S Rs. 550 - 950

Scientists-S-I Rs. 700-1300

Scientists-S-II Rs. 1100-1600

Scientists-S-III Rs. 1500-2000"

4. Respondent was appointed as Scientist S-1 by order dated January 18, 1982 and he joined this post on January 13, 1982 in the pay-scales of Rs. 700-1300. Relevant service rules at the time of appointment of the respondent provided for assessment, promotion etc. on the basis of a five-yearly assessment. The respondent should have become eligible for grant of next higher grade of Scientist S-II in 1987. On July 18, 1987 respondent was asked to submit his five-yearly assessment for the period 1982-87 which he submitted but no action was taken thereon. In the meantime revised pay-scales of Scientists were introduced replacing the old Scheme of assessment by new Career Assessment Scheme of the UGC w.e.f. January 1, 1986. Old Scheme ceased to operate after December 31, 1985. Now, not only the pay-scales were revised but the Scientists were also given new designation and were brought at par of UGC as below:-

S.No. Grades Existing Pay Scales New Designation Revised Pay Scale Designation in UGC

1. Scientist S-O 550-25-750 EB- Experimental 1740-60-2700-EB- Enumerato 30-900 Scientists 75-3000 Documents

2. Scientist S-1 700-40-900-EB-40- Scientist 2200-75-2800-EB- Lecturer 1100-50-1300 100-4000

3. Scientist S-2 (with 1100-50-1600 Scientist 3000-100-3500- Lecturer total service in the (Sr. Scale) 125-5000 (Senior Scale) ARS as on 31.12.85 upto 8 years

4. Scientist S-2 (with 1100-50-1600 Scientist 3700-125-4950- Reader total service in the (Selection grade) 150-5700 ARS as on 31.12.85 exceeding 8 years

5. Scientist S-3 (with 1500-60-1800-100- Scientist 3700-125-4950- Reader total service in the (Selection Grade) 150-5700 ARS as on 31.12.85 upto 16 years

6. Scientist S-3 (with 1500-60-1800-100- Principle Scientist

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1998 Supreme(SC) 422

Important PointRules framed by ICAR-Society laying down conditions of service of its employees are not statutory rules and can be amended by a resolution of the competent body of ICAR and any legislation or framing of rules under Art. 309 of the Constitution is not necessary.

Cases Referred (2)

Important Point
Rules framed by ICAR-Society laying down conditions of service of its employees are not statutory rules and can be amended by a resolution of the competent body of ICAR and any legislation or framing of rules under Art. 309 of the Constitution is not necessary.