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1998 Supreme(SC) 752

M.SRINIVASAN, SUJATA V.MANOHAR
Union Of India – Appellant
Versus
N. Y. Apte – Respondent


Judgment

Srinivasan, J.-The appellants are aggrieved by the judgment and order of the Central Administrative Tribunal, Principal Bench, New Delhi striking down the provisions of Indian Meteorological Service (Group A posts) Recruitment (amendment) Rules, 1983 (hereinafter referred to as “1983 Rules”) and Indian Meteorological Service (Group A posts) Re­cruitment Rules, 1978 (hereinafter referred to as “1978 Rules”) to the extent indicated in the order at the instance of the respondents herein who joined the Department as Meteorologists Gr. II in 1981/82. We are concerned in this case with the posts of Meteorologists Gr. I, Meteor­ologists Gr. II and Assistant Meteorologists. For the sake of conven­ience we will refer to them as MG-I, MG-II and AM.

2. In January 1969, Indian Meteorological Department (Class I and Class II) Posts Recruitment Rules, 1969 (hereinafter referred to as “1969 Rules”) were framed under Article 309 of the Constitution. The posts of MG-I and MG-II were Class I Gazetted posts whereas the post of AM was Class II gazetted post. All the three posts were selection posts. The post of MG-I was to be filled up by promotion of MG-II with three years approved service in


















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