TECH. EXECUTIVE (ANTI POLLUTION) WELFARE

ASSOCIATION

COMMISSIONER OF TRANSPORT DEPT. AND ANR.

MARCH 10, 1997

-[K. RAMASWAMY AND G.T. NANAVATI, JJ.)

Service law :

C Motor Vehicles Act, 1989 :

Promotio11-Technical Anti Pollution level Test l11spectors-C/aiming promotion as Motor vehicle Inspectors-<.:entral Administrative Tribunal givi11g direction to Government to create posts and provide suitable promo- D tional avenues-Mea11while Junior Motor Vehicle Inspectors promoted as Motor Vehicle Inspectors-Government turned down the proposal for creation of avenues for promotion to Technical A11ti-Pol/ution Level Test Inspectors-<.:onternpt petition dismissed by TribunaHield, under the Motor Vehicles Act, Cadre of Motor Vehicles Inspectors has statutory base-Motor Vehicles inspectors are disti11ct from T A.P.L. T.-The latter can not have any E parity with statuto'5' Cadre Officers-Tribunal is not competent to give directions to lay down the policy or to issue directions to create promotional avenues-It would be for the appropriate government to take policy decision-Tribunal was right in rejecting contempt petition-Contempt.

F CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1988-90 of 1997.

From the Judgment and order dated 17.7.96 of the Central Administrative Tribunal, New Delhi in O.A. Nos. 2193/91, 3199/92 and 1329 G of 1993.

M.N. Krishnamani, R. D. Upadhyay for the Appellant.

Subhash Chandra Jain for the Respondents.

H The following Order of the Court was delivered :

TECH. EXECUTIVE (ANTI POLLUTION) WELFARE ASSN. v. COMMR. OFTPT. DEPTT. 921

Leave granted.

In view of the. explanation given in the application for restoration of special leave petitions dismissed on 11th December, 1996 for default of non appearance of the counsel, although the case was called out twice, the order is recalled.

We have heard the counsel on merit. The appellant Association claims promotions of Pollution Level Test Inspectors on par with Motor vehicles Inspectors under the Motor Vehicles Act. Pursuant to a representation made by the appellant to open a channel of promotion to them, the Tribunal by order dated April 24, 1992 had directed the C respondents to create posts and provide suitable promotional avenues and to set time for the said purpose. In the meanwhile, when the Junior Motor Vehicles Inspectors were being considered for promotion by the D.P.C. as Motor Vehicle Inspectors, the appellant filed a petition in the Tribunal for implementation of the Judgment and pointing out the D contempt. Since the respondents, in the meanwhile, promoted Motor Vehicle Inspectors, the appellant filed the application stating that the respondents had violated the order of the Tribunal. In the meanwhile, the Government have turned down the proposal for creation of the avenues for promotion of Anti Poliution Level Test Inspectors. The appellant again filed a petition for contempt which was dismissed. Thus this appeal by special leave.

It would be seen that, admittefdly, members of the appellant Association are Technical Anti-Pollution Level Test Inspectors. Under F the Motor Vehicles Act, the cadre of Motor Vehicles Inspectors has statutory based and, therefore, the Motor Vehicle Inspectors are distinct from T.A.P.L.T. Inspectors represented through the appellant-Association. When we had put a question to Shri Krishnamani, learned senior counsel, whether the appellants are entitled to claim under the G statutory rules, to be on par with Junior Motor Vehicle Inspectors, he admitted that they are not members of the same cadre or service and are not governed by the Rules. Therefore, they cannot have any parity with a statutory cadre officers. It would be for the appropriate Government to take policy decision. The Tribunal is not competent to give H

SUPREME COURT REPORTS

[1997] 2 S.C.R.

A directions to lay down the policy or to issue directions to create promotional avenues. Such a direction, would amount to entrenching upon area of policy making which is exclusively within the purview of the appropriate Government. The Tribunal, therefore, was right in rejecting the application and holding that there was no contempt.

B The appeals are accordingly dismissed. No costs.

R.P.

Appeals dismissed.