AKSHAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners herein are working as Patent Examiners and Assistant Controllers of Patents in the Patent Offices at Mumbai, Chennai, Delhi and Kolkata under Respondent No.6/Controller General of Patents, Designs and Trade Marks and have filed the present petition for issuance of a writ of mandamus to the Respondents to implement the Modified Flexible Complementing Scheme (hereinafter referred to as "MFCS") dtd. 10/9/2010.

(2.) As per the case set out in the petition and to the extent relevant to the present issue, Ministry of Finance constituted the Third Central Pay Commission in April, 1970, which amongst other recommendations to the Ministry of Finance, recommended a Flexible Complementing Scheme for providing in-situ promotions for Scientists of certain categories in Scientific Organizations, within a prescribed period, from lower grade to higher grade, subject to the procedure prescribed. Ministry of Science and Technology issued an OM dtd. 28/5/1986 introducing FCS in Scientific Organizations. Department of Industrial Development, now known as Department for Promotion of Industry and Internal Trade issued an OM dtd. 20/10/1986 to DST for categorization of Office of Controller General of Patents and Designs (except the Trade Marks Registry, Bombay) as Scientific and Technical Institution. Pursuant to the power delegated to the Secretary, MS, the DST approved certain Institutions to be recognized as Scientific and Technical Institutions. As per the Petitioner, the DOE issued an OM on 21/9/1988 wherein further Institutions were included in the list of Scientific and Technical Institutions and the Office of Controller General of Patents and Designs, except Trade Marks Registry, found a mention.

(3.) Pursuant to the recommendations of the Fifth CPC, the earlier OM dtd. 28/5/1986 issued by the DST was amended by DOPT vide OM dtd. 9/11/1998, suggesting number of modifications to the existing FCS. An Expert Committee of DST in its meeting held on 29/3/2001 considered the proposal of Ministry of Commerce and Industry for recognition of Patent Office as Scientific and Technical Institution and introduction of FCS in the said office at the level of Scientists 'F' in conformity with the OM dtd. 9/11/1998. Consequent thereto, DST issued an OM dtd. 20/4/2001.