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Judgment
L. Narasimha Reddy, J
MA N o. 2371/2020
The present MA has been filed for condoning the delay in filing the OA. In view of the reasons stated in the MA, the same is ordered.
OA No.1873/2020
The applicant is an officer of Indian Economic Service. Since 04.09.2014, he is holding the post of Accounts Officer. Next promotion is to the post
of Assistant Director. According to the recruitment rules of 2008 for the service, the Economic Officers with 7 years standing are eligible to be
considered for promotion to the post of Assistant Director.
The applicant contends that the 6th Pay Commission made the recommendations to the effect that the officer in the Grade Pay of Rs. 4600 would
become eligible to be promoted to the post with the Grade Pay of Rs. 5400 on completion of 3 years of service. He contends that the Grade Pay for
the post of Economic Officer is Rs. 4600 and that of Assistant Director is Rs./ 5400 and though the DoP&T issued OM dated 24.03.2009 accepting
the recommendations of the 6th Pay Commission and suggesting an amendment of the relevant recruitment rules, no steps have been taken there on
and as a result, he is being denied the opportunity of being promoted. In this background, he filed this OA with a prayer to direct the respondents to
amend the recruitment rules for Indian Economic Service to be in conformity with OM dated 24.03.2009.
We heard the applicant, who argued his case in person and M r. Manish Kumar, learned counsel for the applicant at the stage of admission in detail,
through video conferencing.
It is true that the 6th Pay Commission made certain recommendations minimizing the standing in a lower post for promotion to a higher post as
indicated above. The fact, however, remains that the 2008 recruitment rules provided for promotion to the post of Director only in case, the Economic
Officer completes 7 years of service in that post.
Unless the recruitment rules are amended, the recommendations of the 6thPay Commission or the measures indicated in OM dated 24.03.2009 will
not become operative. Each department has its own typical features in the context of framing or amendment of rules. The number of incumbents in
each cadre, the sources of recruitment, the financial implications, nature of duties etc. become relevant. The courts cannot direct the Government to
frame or amend the rules. Much would depend upon the factors indicated above. Added to that, the applicant is not the only person to be at
disadvantage if at all. He is part of the large cadre. Maximum that the Tribunal can do is to direct the respondents to take a decision as to the
amendment suggested in OM Dated 24.03.2009, as early as possible.
We, therefore, dispose of the OA directing that the respondents shall take a decision on the recommendations of the 6th Pay Commission as
regards the amendment of recruitment rules of 2008 as suggested in OM dated 24.03.2009 of DoP&T, within a period of six months from the date of
receipt of a copy of this order. There shall be no order as to costs.