UNION OF INDIA Vs. PON SUBBAIAH

JUDGEMENT

(1.) The Union of India, including the Director (Languages), Department of Higher Education and the Director of Central Institute of Indian Languages, Ministry of Human Resource Development, Mysuru, have filed this writ petition impugning the order dated 21.03.2014 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (for short, 'the Tribunal') in Original Application No. 348 of 2009. The learned Tribunal by its order dated 21.03.2014 has allowed the application filed by the respondent and has directed the petitioners to date back the respondent's promotion with effect from 27.07.1998. The operative portion of the order reads as follows:

(2.) The respondent was working as Reader-cum- Research Officer in Central Institute of Indian Languages, Mysuru (for short, 'CIIL'), admittedly a subordinate office of the Department of Higher Education under the Ministry of Human Resources Development, Government of India, New Delhi. The petitioners placed five Reader-cum-Research Officers, including respondent, as Professor-cum-Deputy Director with the CIIL vide order dated 27.12.2002 extending the University Grant Commission's Career Advancement Scheme (for short, 'CAS') subject to certain conditions inter alia that such placement shall be with effect from 26.11.2002. The relevant part of this order dated 27.12.2002 reads as follows:

(3.) The respondent approached the learned Tribunal with Original Application No. 348 of 2009 impugning the order dated 27.12.2002 insofar as the stipulation that the grant of CAS shall be with effect from 26.11.2002, and for a direction to the Petitioner No.2 (Director (Languages), Department of Higher Education, Ministry of Human Resources Development) to grant the benefit of the CAS and consequential promotion with effect from 27.07.1998 in modification of the impugned order dated 27.12.2002. The respondent contended that the benefit of CAS was granted to the teachers of all the Central Universities and Colleges thereunder, and the Deemed to be Universities with effect from 27.07.1998. However, the grant of CAS was deferred only in the case of the respondent and three others (working with CIIL) with effect from 27.12.2002 on the sole ground that the meeting of the Selection Committee was held on 26.11.2002, and therefore, the deferred grant of CAS to the respondent was discriminatory and arbitrary.