UNION OF INDIA Vs. NAKUL DEV

JUDGEMENT

(1.) ISSUE pertains to a Flexible Complementing Scheme, envisaging in-situ promotion of Scientists vis-a-vis Recruitment Rules notified on October 29, 1983 called 'Central Soil and Materials Research Station, New Delhi (Group A) Posts Recruitment Rules 1983'.

(2.) PERTAINING to the post of Joint Director, then in the pay scale Rs.1800-2250, as per column No.5 of the Recruitment Rules afore-noted, the post is a selection post to be filled up firstly by promotion, failing which by transfer on deputation including short term contract; and lastly by direct recruitment.

(3.) AS per the Scheme, those who have the required minimum residency period as Scientist in a particular scale would become eligible to be considered for in-situ promotion and the same would be with reference to the achievements by Scientists, tested on the anvil of creditworthy demonstrable achievements or higher level of technical merit. The object of the Scheme stands highlighted in Annexure-1 (para iii) to the Scheme which reads as under:-