TMI Blog1990 (2) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... l the relevant facts have been set out by the Tribunal in its judgment. As we are in agreement with the reasoning and conclusions of the Tribunal in the impugned judgment, we propose to set out only the brief facts necessary for the disposal Of the appeal. 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. For promotion to the post of Director (M.E.) the requisite qualification was five years 01' service in the grade of Mechanical Engineer (Senior). The appellant became elig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned counsel 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 condition of service relating to promotion. It was submitted by learned counsel 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 concerned, it would amount to giving a retrospective effect to the operation of the said rule and no retrospective rule could be framed under Article 309 of the Constitution. This contention was rejected by the Tribunal which held that it was for the Government to prescribe such qualifications as it considered fit for the post of Director (M.E.) and the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n carries with it the power to amend or alter the rules with a retrospective effect. It is equally well settled that any rule which affects the right of a person to be considered for promotion is a condition of service although mere chance of promotion may not be. It was further held that: an authority competent to lay down qualifications for promotion, is also competent to change the qualifications. The rules defining qualifications and suitability for promotion are conditions of service and they can be changed retrospectively It was, however, clarified that: unless it is specifically provided in the rules, the employees who are already promoted before the amendment of the rules, cannot be reverted and their promotions cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as retrospective effect being given to the amendment of the rules carried out by the impugned Notification and the challenge to the said notification on that ground must fail. The next argument advanced before us by the learned counsel for the appellant is that employees in the drilling stream who might be diploma holders could move by promotion to the grade of Director (Drilling) which is equivalent to the post of Director (Mechanical Engineering) and would be further eligible to be considered for the next higher post of Deputy Director General (Engineering Service) on the basis of a common seniority of Directors (Mechanical) and Directors (Drilling). It was submitted that, in this situation, the requirement of a degree for promotion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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