LAWS(DLH)-2003-9-124

LIPI MUKHOPADHYAYA Vs. INDIAN INSTITUTION OF PUBLIC ADMINISTRATION

Decided On September 05, 2003
LIPI MUKHOPADHYAYA Appellant
V/S
INDIAN INSTITUTE OF PUBLIC ADMINISTRATION Respondents

JUDGEMENT

(1.) Rule. The petitioner is aggrieved by non-grant of selection grade of Lecturer pursuant to Career Development Scheme (for short 'CDS'). It is the case of the petitioner that the petitioner was an Ph.D. and was entitled to designation of a Reader. The petitioner's case is that on the basis of circular issued by the respondent on25.6.1990 and in view of the policy adopted by the respondent for CDS, promotions were to be made under CDS from the date of eligibility irrespective of the date of approval of the promotion by the Competent Authority. My attention was drawn to the said circular which is at page-12 of the paper book. The last paragraph of the said circular, at page-17 of the paper book, reads as under:

(2.) The petitioner is appearing in person. She says that her Counsel wanted an adjournment but she would like to argue the matter in person. Pursuant to her request, I have heard the petitioner.

(3.) Another grievance of the petitioner is that in the Selection Committee which met on 8.10.1996 a person, who was associated in the Selection Committee as an external expert, Dr. Mohit Bhattacharya, was not from the discipline of Psychology and she has done her Ph.D. In Psychology. The petitioner has contended that in the past merit was not the criteria for promotion for grant of selection grade to the Lecturer and she has cited the cases of Pranab Banerjee, Shekhar Singh and M.K. Narain. It was also contended that Pranab Banerjee and Shekhar Singh were not even Ph.D. but after completion of 16 years of service as Lecturer, they were considered eligible for promotion by the respondent under CDS. The petitioner has contended that as per scheme of CDS, which is at pages-15 to 17 of the paper book, pertaining to Lecturer's selection grade, the scheme on which reliance has been placed by both the sides provides the following :