S.N.SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Order dated February 18, 2011 dismissing O.A No.247/2010 filed by the petitioners as also the order dated March 15, 2011 dismissing R.A No.61/2011 are under challenge in the instant writ petition.

(2.) The brief facts are that pursuant to the recommendations of the 3 rd Central Pay Commission, the Ministry of Science and Technology, Government of India issued a circular dated May 28, 1986 whereunder it introduced Flexible Complementing scheme in the scientific organizations. This scheme provided for in situ promotion for scientists of certain categories in scientific organizations within the prescribed period from lower grade to the higher grade subject to the procedure prescribed. The circular provided that the scheme would be applicable to the scientific departments where the induction of scientists is in the scale of Rs. 650- 1200.

(3.) It may be mentioned here that the aforesaid circular dated May 28, 1986 was amended by an Office Memorandum dated November 09, 1998, pursuant to the recommendations of the 5th Central Pay Commission which suggested number of recommendations modifying the existing scheme issued in terms of circular dated May 28, 2006. The following were the decisions taken vide Office Memorandum dated November 09, 1998: