Writ Appeal No. 1348 of 2024 · The High Court
Case Details
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON’BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT APPEAL NO.1348 OF 2024 (S-PRO) CONNECTED WITH WRIT APPEAL NO.1842 OF 2024 (S-PRO) AND WRIT APPEAL NO.1848 OF 2024 (S-R) IN W.A. No.1348 OF 2024: BETWEEN: 1. 2. UNION OF INDIA BY ITS SECRETARY, DEPARTMENT OF DEFENCE RESEARCH AND DEVELOPMENT MINISTRY OF DEFENCE GOVERNMENT OF INDIA DRDO BHAWAN, RAJAJI MARG NEW DELHI-110 011. AERONAUTICAL DEVELOPMENT AGENCY REPRESENTED BY DIRECTOR GENERAL ALSO SECRETARY, DEPARTMENT OF DEFENCE RESEARCH AND DEVELOPMENT MINISTRY OF DEFENCE GOVERNMENT OF INDIA DRDO BHAWAN, RAJAJI MARG NEW DELHI-110 011 AND ALSO AVAILABLE AT PB-1718 VIMANAPURA POST BENGALURU-560 017. 3. PROGRAMME DIRECTOR (CA) AND DIRECTOR AERONAUTICAL DEVELOPMENT AGENCY - 2 - MINISTRY OF DEFENCE GOVERNMENT OF INDIA PB-1718, VIMANAPURA POST BENGALURU-560 017. 4. DIRECTOR (ADMIN AND HR) AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA PB-1718, VIMANAPURA POST BENGALURU-560 017. ... APPELLANTS (BY SRI K. ARVIND KAMATH, ASGI ALONG WITH SMT. K. SAROJINI MUTHANNA, CGC) AND: 1. COMMANDER (RETD) DEVENDRA SINGH S/O SRI. LATE K.P. SINGH AGED ABOUT 59 YEARS COMMANDER (RETD)/FLIGHT TEST ENGINEER-2, AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA VIMANAPURA POST BENGALURU-560 017. ... RESPONDENT (BY SRI M.P. SRIKANTH, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL SETTING ASIDE THE IMPUGNED ORDER TO THE EXTENT OF ALLOWING IN PART THE PRAYER IN WRIT PETITION No.9687 OF 2020 FILED BY THE RESPONDENT IN THE INTEREST OF JUSTICE AND EQUITY, ETC. IN W.A. NO.1842 OF 2024: BETWEEN: 1. COMMANDER (RETD) DEVENDRA SINGH S/O SHRI. LATE K.P. SINGH - 3 - AGED ABOUT 60 YEARS COMMANDER (RTD.)/FLIGHT TEST ENGINEER-2, AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA VIMANAPURA POST BENGALURU-560 017. ... APPELLANT
Legal Reasoning
(BY SRI M.P. SRIKANTH, ADVOCATE) AND: 1. 2. 3. 4. UNION OF INDIA BY ITS SECRETARY, DEPARTMENT OF DEFENCE RESEARCH AND DEVELOPMENT MINISTRY OF DEFENCE GOVERNMENT OF INDIA DRDO BHAWAN, RAJAJI MARG NEW DELHI-110 011. AERONAUTICAL DEVELOPMENT AGENCY REPRESENTED BY DIRECTOR GENERAL ALSO SECRETARY, DEPARTMENT OF DEFENCE RESEARCH AND DEVELOPMENT MINISTRY OF DEFENCE GOVERNMENT OF INDIA DRDO-1, BHAVANK, RAJAJI MARG NEW DELHI-110 011 AND ALSO AVAILABLE AT PB-1718 VIMANAPURA POST BENGALURU-560 017. PROGRAMME DIRECTOR (CA) AND DIRECTOR AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA PB-1718, VIMANAPURA POST BENGALURU-560 017. DIRECTOR (ADMIN AND HR) AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA - 4 - PB-1718, VIMANAPURA POST BENGALURU-560 017. ... RESPONDENTS (BY SRI K. ARVIND KAMATH, ASGI ALONG WITH SMT. K. SAROJINI MUTHANNA, CGC) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO HOLD THAT APPELLANT HAS REQUIRED FOR CONSIDERATION OF FURTHER PROMOTION AS FTE-3 AND FTE-4 AND ALSO THAT HE WILL BE ENTITLED BECAUSE OF THE LITIGATION AND THE INTEREST PAID THEREON IN WRIT PETITION No.9687/2020 DATED 03.07.2024 IN THE ENDS OF JUSTICE, ETC. IN W.A. NO.1848 OF 2024: BETWEEN: 1. COMMANDER (RETD.) DEVENDRA SINGH S/O SHRI. LATE K.P. SINGH AGED ABOUT 60 YEARS COMMANDER (RTD.)/FLIGHT TEST ENGINEER-2, AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA VIMANAPURA POST BENGALURU-560 017. ... APPELLANT (BY SRI M.P. SRIKANTH, ADVOCATE) AND: 1. UNION OF INDIA BY ITS SECRETARY, DEPARTMENT OF DEFENCE RESEARCH AND DEVELOPMENT MINISTRY OF DEFENCE GOVERNMENT OF INDIA DRDO BHAWAN, RAJAJI MARG NEW DELHI-110 011. 2. AERONAUTICAL DEVELOPMENT AGENCY REPRESENTED BY DIRECTOR GENERAL ALSO SECRETARY, DEPARTMENT OF - 5 - DEFENCE RESEARCH AND DEVELOPMENT MINISTRY OF DEFENCE GOVERNMENT OF INDIA DRDO-1, BHAVANK, RAJAJI MARG NEW DELHI-110 011 AND ALSO AVAILABLE AT PB-1718 VIMANAPURA POST BENGALURU-560 017. 3. 4. PROGRAMME DIRECTOR (CA) AND DIRECTOR AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA PB-1718, VIMANAPURA POST BENGALURU-560 017. DIRECTOR (ADMIN AND HR) AERONAUTICAL DEVELOPMENT AGENCY MINISTRY OF DEFENCE GOVERNMENT OF INDIA PB-1718, VIMANAPURA POST BENGALURU-560 017. ... RESPONDENTS (BY SRI K. ARVIND KAMATH, ASGI ALONG WITH SMT. K. SAROJINI MUTHANNA, CGC) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 03.07.2024 OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION NO.9688/2020 (S), ETC. THESE WRIT APPEALS HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, M.I.ARUN J., DELIVERED THE FOLLOWING: - 6 - CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA and HON'BLE MR. JUSTICE M.I.ARUN CAV JUDGMENT (PER: HON'BLE MR. JUSTICE M.I. ARUN) These writ appeals arise out of a common order passed in Writ Petition No.9687 of 2020 connected with Writ Petition No.9688 of 2020. The parties in both the writ petitions are same. 2. Writ Appeal No.1348 of 2024 is filed by the respondents to set aside the order passed in Writ Petition No.9687 of 2020. Writ Appeal No.1848 of 2024 is filed by the petitioner to set aside the order passed in Writ Petition No.9688 of 2020. Writ Appeal No.1842 of 2024 is also filed by the petitioner to grant an additional prayer than what has been granted in Writ Petition No.9687 of 2020. 3. For the sake of convenience, parties are referred to as
Decision
per their status in the writ petitions. 4. The petitioner was a Commander in the Indian Navy and was commissioned in the year 1986. Thereafter, the petitioner was appointed as Scientist / Engineer 'F' by an appointment - 7 - letter dated 19.01.2011 with the second respondent. The relevant condition of the appointment letter reads as follows, "(c) In the event of your release from Naval Headquarters on pre-mature retirement, your pay on joining ADA will be fixed as applicable to re-employed pensioners as per the provisions contained in DOPT OM No.3/1/85-Estt(PII) dated 31.07.1986. You will be entitled to draw other allowance as per Central Govt rules." 5. In the light of being appointed with second respondent, the petitioner sought premature retirement from Indian Navy and an order was passed on 23.03.2011 permitting the petitioner to retire prematurely. 6. On 27.10.2011, the second respondent proposed to frame a Scheme for appointment of Test Pilots and Flight Test Engineers ("FTE"). Gradation was sought to be made for the Flight Test Engineers ("FTE") as FTE-1, FTE-2, FTE-3 and the like. The post of FTE-2 was considered equivalent to the post of Scientist / Engineer 'F' and by an order dated 31.01.2014, the petitioner was re-designated as FTE-2. By the said order it was made clear that on the petitioner assuming the charge as FTE-2, he would cease to draw allowances / incentives which were applicable to the Scientist / Engineer 'F'. 7. Petitioner thereafter, requested the second respondent to consider his promotion for FTE-3 by calculating his service - 8 - with effect from 29.04.2011, the day he took charge as Engineer / Scientist 'F'. However, the second respondent considered the case of the petitioner for the promotion to the post of FTE-3 with effect from 31.01.2014, the date on which he was appointed as FTE-2. On the ground that it is not an automatic promotion from FTE-2 to FTE-3 and the Board taking into consideration several parameters assessed whether the petitioner is eligible for the said promotion or not, the petitioner was asked to appear before the Board of second respondent and it concluded that the petitioner is not fit for being promoted to the post of FTE-3. The Board of second respondent however, approved the request of promotion of another candidate, Group Captain-Malteesh Prabhu. The petitioner being aggrieved by refusal of his claim for promotion, preferred Writ Petition No.9687 of 2020 with the following prayers, "WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to:- a) Quash the endorsement dated 20.05.2020 bearing No.ADA:ADM:EST:Assmt:2020:01 of the 2nd Respondent vide ANNEXURE-AAΗ. b) Direct consideration of the case of the Petitioner for promotion from the cadre of Flight Test Engineer-2 to Flight Test Engineer-3, which was due in 2016 and for the next promotion from Flight Test Engineer-3 to Flight Test Engineer-4 in 2019. c) Hold and declare the non-assignment of dues to the petitioner in the post of Flight Test Engineer-2, he is originally appointed and subsequently brought back as per bearing - 9 - No-ADA:ADM:EST:1003:2017 the order dated 01.09.2017 passed by the 2nd Respondent vide ANNEXURE-AAB as illegal and that the Petitioner is entitled to be continued to be assigned with the duties attached to his post. (ca) Quash the order dated 11.09.2017 passed by the 3rd Respondent vide ANNEXURE-AAJ bearing No.ADA:ADM:EST:1003:201. (cb) Quash 26.09.2017 Respondent vide ANNEXURE-AAS bearing No.ADA:ADM:EST:1003:2017. the passed dated 3rd order the office by (cc) Further direct Respondent to Implement the Order dated 01.09.2017 passed by the 2nd Respondent vide ANNEXURE-AAB bearing No.ADA:ADM:EST:1003:2017. d) Direct that the petitioner will be entitled to the benefits of special allowance differencing pay and all other benefits arisen out of such declaration and further direct payment of interest 18% P.A. on such payment of amount to the petitioner. from e) Further direct that the petitioner to be paid the allowances and such pay as admissible to the date of Flight Test Engineer-2 appointment 29.04.2011 of the petitioner in the 2nd Respondent Organization till 31.01.2014 since the petitioner was actually carrying on the duties of the Flight Test Engineer and the date of order of absorption of the petitioner in the cadre of Flight Test Engineer-2 i.e., 31.01.2014. to provide the Respondents f) Direct the Petitioner with all service, financial benefits in pursuance of such reconsideration and arrears along with admissible interest of 18% P.A. on consideration of the petitioner, which are due to him. the promotions to g) Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity." - 10 - 8. On the same day of filing Writ Petition No.9687 of 2020, on the ground that the second respondent, while fixing the pay of the petitioner for the job for which he was recruited, they could not have deducted his pension amount, he filed Writ Petition No.9688 of 2020 with the following prayers, "WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to:- and 22.07.2019 a) Direct the Respondents to consider the representations dated 25.07.2012, 31.05.2018, 20.12.2019 20.06.2018, submitted by the Petitioner with regard to the fixation of pay and deduction of pension amount from his salary, vide ANNEXURES-AB, AC, AD, AF and AG, and other associated service allowances with it, including NPS, FPA etc. b) Direct payment of all arrears along with payment of the naval pension amount deducted from his salary till now, with admissible interest of 18% P.A., on account of re-fixation of his pay, the representations of the Petitioner. consideration done on of c) Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity." 9. The learned Single Judge in respect of Writ Petition No.9688 of 2020 came to the conclusion that in the appointment letter itself which was issued to the petitioner by the second respondent, it was mentioned that he would be paid the salary after deducting a portion of the pension as stated in - 11 - the said letter of appointment and for that reason, has dismissed Writ Petition No.9688 of 2020. However, in respect of Writ Petition No.9687 of 2020, the learned Single Judge concluded that, as the appointment of the petitioner as Scientist / Engineer 'F' has been converted into that of FTE-2, he has to be concluded to have been employed as a FTE-2 from the date of his appointment as Scientist / Engineer 'F' i.e., with effect from 29.04.2011 itself. The learned Single Judge also concluded that the relevant recruitment Rules does not contemplate conduct of an interview to assess the suitability of the petitioner for further promotion and for that reason, has held the conclusion of the Board that the petitioner is unfit to be promoted as FTE-3 as illegal and has ordered that the petitioner should be considered for promotion to the post of FTE-3 upon completion of five years from 29.04.2011 and has to be promoted to the post of FTE-3 with effect from 29.04.2016. It has also been ordered that the case of the petitioner for further promotion to the post of FTE-4 shall be considered by the second respondent on completion of three years from 29.04.2016 and has also held that the petitioner would be entitled for payment of allowances that was granted to him under the order dated 31.01.2014. It has also been observed that even if the petitioner is not assigned with the - 12 - duties of FTE, he would be entitled for allowances attached to the post of FTE-2 from the date of his appointment as Scientist / Engineer 'F'. 10. Not satisfied by the order passed by the learned Single Judge, the petitioner has preferred Writ Appeal No.1848 of 2024 with the following prayers, “WHEREFORE, it is respectfully prayed that this Hon’ble Court may be pleased to:- a) b) Set aside the Order dated 03.07.2024 of the in Writ Learned Single Judge passed Petition No.9688/2020(S). Pass any order of consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.” 11. The petitioner has also preferred Writ Appeal No.1842 of 2024 with the following prayers, “WHEREFORE, it is respectfully prayed that this Hon’ble Court may be pleased to:- a) b) required that Appellant has Hold for consideration of further promotion as FTE-3 and FTE-4 and also that he will be entitled because of the litigation and the interest paid thereon, in WP No.9687/2020 dated 03.07.2024 in the ends of justice. Pass any order of consequential relief or any other appropriate order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity.” - 13 - 12. The respondents have preferred Writ Appeal No.1348 of 2024 with the following prayers, “Wherefore the appellants pray that this hon’ble court may be pleased to; a) call for records in W.P.No.9687/2020(s). b) allow this writ appeal setting aside the impugned order to the extent of allowing in part the prayer in WP No.9687/20 filed by the respondent in the interest of justice and equity. c) Any other orders or direction as this Hon’ble court deems fit in the nature and circumstances of the case in the interest of justice.” 13. The questions that arise for consideration in the instant writ appeals are that, i. Whether the petitioner is entitled for payment of salary and allowances from the second respondent without deduction of any portion of his pension that he is entitled to receive from the Indian Navy? ii. Is the petitioner is entitled to be treated as having been recruited for the post of FTE- 2 with effect from 29.04.2011 itself when he was appointed as Scientist / Engineer 'F' and that he would be entitled for all the allowances permissible for the post of FTE-2 from that date itself and whether he was entitled for time bound promotion to the post of FTE-3 and FTE-4 as claimed and whether the second respondent is - 14 - authorized to assess suitability of the petitioner to further promotion through its Board before granting the same? 14. To answer the aforementioned questions, it is relevant to examine the letter of appointment, communications exchanged between the petitioner and the second respondent and the relevant rules governing the employment, if any. 15. The relevant Recruitment and Promotion Rules, 1990 of second respondent is as mentioned below, "2. Definition: In these rules, unless the context otherwise requires: a. 'Society’, means Aeronautical Development Agency wherever situated and included its units/branches, if any. b. “Governing Body” means the Governing Body of the Agency. c. “Post” means any post included in Schedule-I. d. “Appointing Authority” means the Government of India, President of the Society (Raksha Mantri) Chairman- Governing Body, Director General-ADA, Programme Director (CA), Director (Admin) and/or any other officer of the Society to whom powers in this regard have been delegated by the Society. The Appointing Authority for the different level of posts shall be as at Schedule-I (A to D). e. “Employee” means any person employed in the Society and in the pay roll of the Society. It excludes any person employed on casual or contract basis. f. “Assessment Board” means the Board to be constituted under sub-rule (a) of Rule 6.4 and as per Schedule-V. - 15 - 3. Designation, Scale of Pay and Appointing Authorities: The designation of the posts in the Society, Scale of Pay and Appointing Authorities shall be as specifies in Schedule-I which could get amended when required by the Governing Body. The authorised strength of the various posts shall be such as may from time to time be determined by the Governing Body. The Governing Body may make temporary additions or deletions to the strength of the various posts as deemed necessary from time to time. The Governing Body may include any post other than those included in Schedule-I or exclude a post included in the said Schedule. Apart from the above, the Governing Body/DG-ADA may, when considered necessary, appoint eminent Scientist as Consultants or Advisors on terms and conditions to be decided by the Governing Body/DG-ADA in each case, on merits. 4. Method of filling up the posts: following methods, Appointment in the Society shall be made by any of of the recruitment/appointment on each occasion being decided Body/Director General/Programme Director/Director (Admin) in the light of qualifications required for the particular post keeping in view the job requirement of the same: Governing method the the by a. By Promotion b. By direct recruitment c. By deputation or on contract of suitable Scientists and Technologists from Universities, Institutes of Technology, Research Institutions, Public Sector Units and other Non-Government bodies in India or abroad or Central (including serving officers of State Government or Defence Departments. Forces) d. By absorption of suitable persons who are appointed on deputation or on contract. e. Selection from any other source approved by the Governing Body of the Society. Other Modes: Also through ‘Attachment’ where necessary (Attachment means temporary transfer of an official from any organization to ADA, without any benefit from ADA towards his pay and allowances) with his - 16 - pay and allowance being paid by his parent organization. Appointment/Promotion of top level posts, i.e. scale of pay of Rs.18400-500-22400 and above shall be filled through a peer review by a duly constituted Committee. 6.4 Departmental Promotion for Scientific & Technical Staff: Department promotions shall be made from amongst the officers possessing the experience as given in Schedule-IV and serving in the next lower grade. Selection of officers for promotion shall be made in accordance with the following manner on the basis of individual merit: a. b. c. Assessment Boards as per Schedule-V shall be convened once a year. The first step in the assessment process is screening by a committee appointed for the purpose. The guidelines for screening will be prescribed by DG-ADA from time to time. Those “screened in” will be eligible for further assessment/interview. forthcoming If an officer declines to appear for interview before an Assessment Board and satisfactory reasons are not the postponement of the assessment, his/her case shall not be considered for one from the date of review. Those screened in will only be eligible further consideration assessment process. for for for d. All Scientists/Engineers of the Society who have completed the prescribed number of years of service in the grade shall be eligible for for for promotion to the next higher grade under a Flexible Complementing Scheme. consideration assessment e. In evaluating the suitability of the officers for promotion, the Assessment Board shall take into consideration their performance, merit, seniority etc, as applicable. The selection shall be on the basis of written test/skill test wherever prescribed, confidential report and f. - 17 - interview. The Assessment Board shall draw up a list of officers who are assessed as fit for promotion to the next higher grade. Recommendations of the Assessment Board after approval by the Competent Authority shall be implemented from July 01st (FN) of every year. Officers who are away on leave on that date shall assume charge in the grade to which they are promoted with effect from the date they resume duty but this shall not affect their ‘date of selection’ and towards counting residency period for the next review for promotion. far as persons undergoing training in India or abroad are concerned and if they are sponsored by the Society, the candidate will be interviewed on his/her return and if found suitable, will be appointed with retrospective effect had he/she not proceeded on training subject to the following conditions being fulfilled: In so (i) (ii) The period of such training is treated as duty. They have been screened and approved for promotion to the next higher grades by an Assessment Board/Competent Authority. g. In regard to promotion of officers to the higher grades under the Flexible Complementing Scheme, the required number of posts in the grade shall automatically stand upgraded within the total number of posts sanctioned for the Scientific/Technical category. 6.5 Promotion of Supporting Staff (Technical, Administrative/Miscellaneous Staff: With regard to promotion of Supporting Staff (Technical) and Administrative/Miscellaneous staff, promotions will be against specific vacancies created/identified in the Society.” 16. Annexure-‘T’ to the Writ Appeal No.1848 of 2024 is the Offer letter of appointment issued to the petitioner by the - 18 - second respondent and the relevant clause regarding fixation of pay is as mentioned in paragraph No.4 (supra). 17. Perusal of the aforementioned regulation as well as the offer letter makes it clear that the petitioner has been appointed to the post of Scientist / Engineer ‘F’ with the pay as mentioned in the offer of appointment dated 19.01.2011 issued to the petitioner (vide Annexure-‘T’ to the Writ Appeal No.1848 of 2024). Perusal of the same shows that the offer itself contemplated deduction of certain pension amount which the petitioner is entitled upon his premature retirement from Indian Navy and his salary is payable after such deduction. It is not the case of the petitioner that he has not received the amount as mentioned in the offer letter after such deduction. 18. Under the aforementioned circumstances, we do not see any error in the order of the learned Single Judge in dismissing the Writ Petition No.9688 of 2020 wherein the petitioner has prayed for payment of such amounts deducted as per the terms of the offer letter and we do not deem it fit to interfere in the well reasoned order of the learned Single Judge in this regard. 19. In respect of other issues which are subject matter of Writ Petition No.9687 of 2020, admittedly, the petitioner was - 19 - appointed as Scientist / Engineer ‘F’ by order dated 29.04.2011. 20. The aforementioned regulations of the second respondent makes it clear that there are certain jobs which are contemplated by the regulations and the Governing Body of the second respondent is entitled for making the necessary appointments and there are certain other jobs which may be created on the basis of requirement from time to time for functioning of second respondent. In the instant case, the post of Flight Test Engineers (FTE) has been subsequently created by the Governing Body of the second respondent. The second respondent is involved in Research and Development of Aeronautics and for that reason, new posts are required to be created based upon the research work taken up by the second respondent which is mostly at the behest of the Government of India and the same is undertaken keeping in view the interest of the Nation. In the present scenario, the second respondent thought it fit to have Flight Test Engineers (FTE) in pursuance of its work. Taking into consideration that the petitioner was also having necessary qualification to carry out the said work, he was redesignated as Flight Test Engineer-2 (FTE-2) from that of Scientist / Engineer ‘F’. The regulations aforementioned is silent on the appointment of the Flight Test Engineers and - 20 - the subsequent promotions available to them. The petitioner was appointed as FTE-2 by an office order dated 31.01.2014 which reads as under, ADA AERONAUTICAL DEVELOPMENT AGENCY (Ministry of Defence, Govt. of India) P.B.No.1718, Vimanapura Post, Bangalore – 560 017, India ADA:ADM:EST:1003:2014 31 January 2014 OFFICE ORDER Sub: Re-designation of Sc/Engr ‘F’ to Flight Test Engineer-2 1. Pursuant to the approval of the Standing Committee of Governing Body of ADA vide O.O. No.ADA/LCA Navy/4037/MP dated 22 Nov 2013, Cdr (Retd) Devendra Singh, Sc/Engr ‘F’ (Staff Code 1003) is re-designated as ‘Flight Test Engineer-2’ (FTE-2) in the Pay Band Rs.37400-67000 & Grade Pay of Rs.8900/- with effect from the date of his assumption of duties as FTE-2. 2. Based on the approval of the Standing Committee of Governing Body of ADA, Cdr (Retd) Devendra Singh is entitled to draw the following Special Allowances as FTE-2 w.e.f from the date of his assumption of duties as FTE-2. Sl.No. Title of Payment Flying Pay Hazardous Flying Pay FTE Allowance Amount (Rs.) 30000.00 p.m. 26000.00 p.m. 15000.00 p.m. Flying Kit Maintenance Allowance 10000.00 p.m. Pre-Flight meal allowance Rs.400 per working day 1. 2. 3. 4. 5 3. On assuming the charge as FTE-2, the Officer will cease to draw allowances / incentives as applicable to Sc/Engr ‘F’ w.e.f the date of his assumption of duties as FTE-2. The Officer shall report to PD (LCA-Navy). Joining report of 4. the officer may be sent to Administration. - 21 - Sd/- (Lochana Krishnamurthy) Chief Admin Officer for Director (Admin & HR) Cdr (Retd) Devendra Singh FTE-2, LCA-Navy Dte SC No.1003 Cc: PD-LCA (Navy) JD (Finance)" 21. Perusal of the aforementioned office order redesignating the petitioner as FTE-2 from that of Scientist / Engineer ‘F’, reveals that the financial benefit available to the petitioner as FTE-2 is different from that of Scientist / Engineer ‘F’. Admittedly, the petitioner was initially appointed as Scientist / Engineer ‘F’. Thereafter, his post has been redesignated as FTE-2. The work that is contemplated to be done by Scientist / Engineer ‘F’ is not the same as that of FTE-2. They are different posts. Incidentally, petitioner had the necessary qualification to be appointed as Scientist / Engineer ‘F’ and also as FTE-2. As there was a requirement for a person to be appointed as FTE-2, instead of recruiting some other person, the second respondent opted to engage the services of the petitioner itself as FTE-2. It does not give a right to the petitioner to claim that he would be entitled to be considered as having been recruited as FTE-2 from 29.04.2011 itself. On - 22 - 29.04.2011, he was appointed as Scientist / Engineer ‘F’ and it was only on 31.01.2014 he has been redesignated, in other words, appointed as FTE-2. In our opinion, the learned Single Judge erred in holding that the petitioner has to be considered as being appointed to the post of FTE-2 with effect from 29.04.2011. 22. Taking into consideration that the petitioner was appointed as FTE-2 on 31.01.2014, the respondents have not denied him any benefits that he is entitled as a FTE-2. There is nothing in the correspondence between the petitioner and respondents or in the regulations which confers a right on the petitioner to be promoted to the post of FTE-3 and thereafter, FTE-4 automatically in a time bound manner. In accordance with the Rules and Regulations, the second respondent has constituted a Promotion Assessment Board, which has considered the case of the petitioner and has come to the conclusion that he is not entitled for promotion to the post of FTE-3. We do not find any error in the same. 23. The learned Single Judge erred in directing that the petitioner has to be given promotion in a time bound manner to FTE-3 and thereafter to FTE-4. The same is not based on any regulation of second respondent which governs the service - 23 - conditions of the petitioner nor is part of the contract of employment. The petitioner cannot claim it as a matter of right. 24. For the aforementioned reasons, the order of the learned Single Judge insofar as it relates to Writ Petition No.9687 of 2020 has to be set aside and Writ Petition No.9688 of 2020 has to be upheld and consequently, Writ Appeal No.1848 of 2024 and Writ Appeal No.1842 of 2024 filed by the petitioner are required to be dismissed and Writ Appeal No.1348 of 2024 filed by the respondents is required to be allowed. 25. For the aforementioned reasons, the order of the learned Single Judge in dismissing the Writ Petition No.9688 of 2020 is hereby upheld and the order passed in Writ Petition No.9687 of 2020 is set aside and the same is dismissed and consequently, Writ Appeal No.1848 of 2024 and Writ Appeal No.1842 of 2024 are dismissed and Writ Appeal No.1348 of 2024 is allowed. Pending interlocutory applications, if any, stand disposed of. VMB Sd/- (N.V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE