PETITIONER:
UNION OF INDIA & ORS.
Vs.
RESPONDENT:
VINOD KUMAR & ORS.
DATE OF JUDGMENT: 15/07/1996
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (5)696
ACT
HEADNOTE
JUDGMENT
ORDER
Delay condoned.
Leave granted.
We have heard the learned counsel.
The only short question is whether the deviation from rule of granting promotion of 50% of the quota giving 2 years additional benefit to the Upper Division Clerks is valid in law? Sub-section [71](a) of Section 5-D of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 provides method of recruitment as under:
"7(a) The method of recruitment,
salary and allowances, discipline
and other conditions of service of
the Additional Central Provident
Fund Commissioner, Deputy
Provident, Fund Commissioner,
Regional Provident Fund
Commissioner, Assistant Provident
Fund Commissioner and other
officers and employees of the
Central Board shall be such as may
be specified by the Central Board
in accordance with the Rules and
orders applicable to the officers
and employees of the Central
Government drawing corresponding
scales of pay.
Provided that where the
Central Board is of the opinion
that it is necessary to make a
departure from the said rules or
orders in respect of any of the
matters aforesaid, it shall obtain
the prior approval of the Central
Government."
Under the proviso, where the Central Board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters enumerated above it is mandatory that it should obtain prior approval of the Central Government. Admittedly, prior approval was not obtained. On the other hand, ex post facto approval was obtained but in the teeth of the language of the proviso ex post facto approval is not an approval in the eye of law. Under these circumstances, the Tribunal had rightly held that the approval was not valid in law and the matter was kept at large and directed the appellant to issue notification afresh for recruitment in accordance With rules. We do not find any legality in the order.
The appeal is accordingly dismissed. No costs.