8226 of 1985 .
From the Judgment and Order dated 25.4.88 of Central Administrative Tribunal Hyderabad in T.A. No.
1, amending the said Rules and the said Notification was duly published in the Gazette of India.
All the relevant facts have been set out by the Tribunal in its judgment.
It was submitted by learned companynsel for the appellant that if the rule, requiring a degree qualification for promotion to the post of Director M.E. , was applied as far as the appellant was companycerned, it would amount to giving a retrospective effect to the operation of the said rule and numberretrospective rule companyld be framed under Article 309 of the Constitution.
The appellant was promoted as a Mechani cal Engineer Senior with effect from March 17, 1973 and his companyditions of service were governed by the aforesaid rules.
On January 31, 1984, a Notification was issued by respondent No.
As we are in agreement with the reasoning and companyclusions of the Tribunal in the impugned judgment, we propose to set out only the brief facts necessary for the disposal Of the appeal.
On November 28, 1969, the Geological Survey of India Group A and Group B Posts Recruitment Rules, 1967, made under Article 309 of the Constitution were brought into force.
Under the relevant rules, the recruitment to the post of Superintending Mechanical Engineer was by promotion and failing that by direct recruitment.
It may be mentioned that for direct recruitment to the said post, the qualifications of a degree in Mechanical or Automobile Engineering was prescribed as essential.
By the said amendment, the said Rules were amended and it was prescribed that for promotion to the post of Director M.E. a degree in Engineering was a requi site qualification.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It was submitted by learned companynsel for the appellant that the said amendment purported to be carried out by the said Notification was bad in law as it adversely affected a companydition of service relating to promotion.
Kapil Sibal, Additional Solicitor General, B. Datta, Mrs. Indra Sawhney, Ms. Sushma Suri, B. Rajeshwar Rao, Vimal Dave and C.V. Subba Rao for the Respondents.
The Judgment of the Court was delivered by KANIA, J. This is an appeal by special leave against a decision of the Central Administrative Tribunal, Hyderabad in Transfer Application No.
This post was redesig nated and merged with the post of Mechanical Engineer Junior in March 1968.
For promotion to the post of Direc tor M.E. the requisite qualification was five years 01 service in the grade of Mechanical Engineer Senior .
Venkataramani, V.G. Pragasam and S.M. Garg for the Appellant.
1185 of 1986 W.P. NO.
3607 of 1989.
On April 27, 1964 he was appointed as Transport Officer Class I Technical Grade, Gruop A .
The appellant is a diplo ma holder and does number hold any degree in engineering.
The appellant challenges the validity of this Notification on the ground that it affected his chances of promotion or alternatively his right to be companysidered for promotion to the post of Director M.E. The appellant is a Mechanical Engineer Senior in the Geological Survey of India, Southern Region, Hyderabad.
1185/86.
These rules have been amended from time to time.
