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2008 Supreme(Del) 1109
IN THE HIGH COURT OF DELHI
SANJAY KISHAN KAUL,MOOL CHAND GARG
LIEUTENANT GENERAL S.M.CHADHA (RETD.) - Appellant
Versus
UNION OF INDIA - Respondent
WP (C) No.2929/1992
Decided On : 04-11-2008
Mr.R.K.Saini, Mr.Nikhil Bhalla and Mr. Nagendra Singh, Advocates
Ms.Jyoti Singh, Advocate.
The automatic entitlement to the new scale and rank upon completion of the probation period under the Survey of India (Group A) Service Rules, 1989.
Headnote:
Probation - Service Conditions - Survey of India (Group A) Service Rules, 1989 - Rule 4, Rule 6 - The judgment discusses the appointment of the petitioner as Surveyor General of India, the application of the Survey of India (Group A) Service Rules, 1989, and the entitlement to pay scale and substantive rank under the new Rules. The court interprets the provisions of Rule 4 and Rule 6, emphasizing the automatic entitlement to the new scale and rank upon completion of the probation period.
Fact of the Case:
The petitioner, appointed as Surveyor General of India, claimed entitlement to the new pay scale and substantive rank from 17.06.1989, while the respondents contended that the appointment should be treated as a fresh appointment under the new Rules from 10.10.1990.
Finding of the Court:
The court held that the petitioner, already appointed under the earlier Rules, was deemed to be a member of the service in the corresponding grade under the new Rules. The court emphasized the automatic entitlement to the new scale and rank upon completion of the probation period, ruling in favor of the petitioner's entitlement to the pay scale and substantive rank from 01.01.1990.
Issues: The primary issue was the interpretation of the application of the Survey of India (Group A) Service Rules, 1989, and the entitlement to pay scale and substantive rank under the new Rules.
Ratio Decidendi: The court interpreted Rule 4 and Rule 6, emphasizing the automatic entitlement to the new scale and rank upon completion of the probation period, and ruled in favor of the petitioner's entitlement to the pay scale and substantive rank from 01.01.1990.
Final Decision: A writ of mandamus was issued directing the respondents to treat the petitioner in the pay scale of Rs.7300-100-7600 with effect from 17.06.1989 and to grant a substantive rank of a Lieutenant General with effect from 01.01.1990, with a further direction to fix the pension of the petitioner in the rank and pay scale in terms thereof. The petition was allowed with costs quantified at Rs.5,000/-.
.1. The petitioner was commissioned in the Army in the Corps of Engineers on 28.12.1952 and the service of the petitioner was placed at the disposal of the Ministry of Education and Scientific and Research for employment in the Survey of India on 30.09.1957. The petitioner achieved the substantive rank of Major on 28.12.1965 and was granted the substantive rank of Lieutenant Colonel in the post of Deputy Director on 23.11.1977. The petitioner was granted the substantive rank of Colonel in the post of Director on 01.09.1983. A selection was carried out by the UPSC for the post of a Surveyor General of India in the scale of Rs.5900-200-7300. The recruitment rules required the post to be filled up 100 per cent by direct recruitment with a probation period of two years. The petitioner was selected by the UPSC and was appointed as the Surveyor General of India on 02.01.1989. The petitioner was granted the local rank of a Major General on 16.01.1989. The Ministry of Science and Technology, however, requested the Military Secretary to confer the acting rank of Lieutenant General instead of local rank of
.Major General during the probation period to be made into substantive rank after successful completion of probation as per a letter dated 07.03.1989. The letter also referred to the appointment of the petitioner on direct recruitment basis on probation period of one year. The letter reads as under: Dear Gen.Sharma, Based on the recommendation of the UPSC and with the approval of the Government, Col.S.M.Chadha, an officer of Corps of Engineers on permanent secondment to Survey of India (SOI), has been appointed as Surveyor General of India with effect from 2nd January, 1989. Since his appointment is on direct recruitment basis, he would be on probation for a period of one year. As per letter No.28160/Svy/18/MS(X) dated 16.01.1989, local rank of Major General has been conferred on Col.S.M.Chadha. As per the revised Recruitment Rules framed recently for the Army stream of SOI Group A Service, the rank of acting/substantive rank of Lt.General would be conferred on the incumbent occupying the post of Surveyor General. I would request that the acting rank of Lt.General (instead of local rank) may please be conferred on Col.S.M.Chadha during the probation period, which could be subsequently made into a substantive rank after he successfully completes the probation. With kind regards, Yours sincerely (D.B.Sehgal) Lt.Gen Y.N.Sharma, AVSM, VSM, Military Secretary, Army Headquarters, South Block, New Delhi
2. The service conditions were earlier governed by Survey of India Group A Recruitment Rules, 1960, Survey of India (Recruitment from Corps of Engineer Officers) Rules, 1950 and Surveyor General of India (Survey of India) Recruitment Rules, 1974. These Rules were superseded by the Survey of India (Group A) Service Rules, 1989 (the said Rules for short) which came into force on 17.06.1989. Rule 1(2) of the said Rules provides for the Rules to come into force from the date of their publication in the official gazette while Rule 4 reads as under: 4. Members of the Service 1) The following persons shall be members of the Service: a) Persons appointed to the service at the publication of these rules in the Official Gazette; b) Persons appointed to the service under rule 8 after the publication of these rules from the dates so appointed. 2) A person appointed under clause (a) of subrule (1) of the rule shall on such publication be deemed to be a member of the service in the corresponding grade.
3. It is the case of the petitioner that in view of the aforesaid Rule, the petitioner already having been appointed to the service, was deemed to be a member of the service in the corresponding grade on publication of the Rules. The petitioner was holding the post of Surveyor General of India and the Rule 6 of the said Rules provided for the pay and allowances and other benefits. Rule 6 in so far as it applies to the petitioner is a
