1996 (12) TMI 405

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....t from March 8, 1980 have the effect of nullifying the judgment dated March 17, 1987 of the Tribunal in R.P. Joshi v. Union of India and Ors. (A.No. 497/86). 3. The Tribunal answered the question in the negative and against the appellant. This appeal by the Union of India is against the judgment of the Tribunal dated December 20, 1991. 4. We have heard learned Counsel for the parties. We are of the view that in the facts and circumstances of this case no fault can be found with the impugned judgment of the Tribunal. One R.P. Joshi in A. No. 497/86 had approached the Tribunal with the contention that the promotion of a Senior Scientific Assistant (SSI) to the cadre of Jr. Scientific Officer (JSO) could only be governed by the Defence S....

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....s in the judgment quoted above) though give an impression that it is applicable to whole of the cadre hut when the judgment is read as a whole the impression is repelled. We confirm the judgment to Joshi alone. 6. The 1988 Rules specifically repeal the 1967 Rules to the extent the 1980 Rules are applicable. Since the 1988 Rules were made operative retrospectively with effect from March 8, 1980, the Union of India declined to give benefit to Joshi of the judgment of the Tribunal in A. No. 497/86 dated March 17, 1987. This is how the present Application No. 1543/88 came to be heard and decided by the Tribunal. 7. V. S. Malimath, Chairman, speaking for the Bench, relying upon the judgments of this Court in P.S. Mahal and Ors. v. Union of....