INDIAN COUNCIL OF MEDICAL RESEARCH; SENIOR DEPUTY DIRECTOR GENERAL (ADMN ) Vs. A NANDAKUMAR, S/O K AMBAKUMAR

JUDGEMENT

(1.) This writ petition is by the Indian Council of Medical Research (for short 'ICMR') through its Director General, New Delhi and Senior Deputy Director General (Administration), New Delhi and is directed against the order dated 20.6.2008 passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in Original Application No. 261/2007.

(2.) The writ petitioners have raised various contentions to urge that the impugned order is bad in law; that the order passed at the instance of the respondent, who was working as a Deputy Director General (Senior Grade), Indian Council of Medical Research, National Cancer Registry Programme (for short 'NCRP'), New BEL Road, Bangalore, to direct the petitioners to consider the case of the applicant before the Tribunal for grant of merit promotion and advance increments as per Rule 11 of the Indian Council of Medical Research Rules and Regulations of the ICMR Research Cadre (for short 'the ICMR Rules') is not tenable in law; that it is in contravention of the very rules; that the post of Senior Deputy Director General (Grade-I) of Headquarters to which post he was aspiring, was not a post available by way of promotion but only for the direct recruitments and various other grounds were also raised.

(3.) The brief facts leading to the above writ petition is that the respondent was appointed as a Project Officer in the National Cancer Registry Project, Technical Wing and for extra mural project on pay of Rs.5,200/- per month in the pay scale of Rs.5,100/- to Rs.6,700/- in the year 1991, which was not a regular appointment under ICMR. Over a period of time, he had been transferred against the redesignated post of Deputy Director General (SG) in the same pay scale of Rs.5,100-6,300/- in the ICMR Headquarters with effect from 11.1.2007; that he was drawing the same pay scale and it was also indicated that this pay scale had been revised to Rs.16,400-22,400/- as per the recommendations of the V Pay Commission.