SANJEEV CHAWLA Vs. UNION OF INDIA

JUDGEMENT

(1.) ISSUE notice. Mr. Vikram Jetley, CGSC accepts notice on behalf of respondents.

(2.) THE petitioner challenges an order of the Central Administrative Tribunal (hereafter referred to as "CAT") dated 7.3.2014 passed in OA 295/2013. The petitioners' claim for promotion on the basis of Flexible Complimenting Scheme (hereafter referred to as "FCS") in the respondents' organisation - National Technical Research Organization (hereafter referred to as "NTRO") to the grade of Scientist F was rejected. They, therefore, approached this Court under Article 226 of the Constitution of India.

(3.) THE petitioners' contentions - based upon the decision of this Court in O.P. Gauba v. UOI (W.P.(C) 4751/2011), decided on 11.07.2011 and the earlier decision of the Supreme Court in K. Madhavan & Anr. v. Union of India and Others, : 1987 (4) SCC 566 was rejected by the CAT which accepted the NTRO's contentions that the petitioners could not claim, as a matter of right, reckoning of the period of service spent in the parent organisation and also that the period of service within NTRO as deputed Scientist E till the date of absorption could not be reckoned for the W.P. (C) 6592 -14 purposes of promotion to Scientist 'F'. The CAT also accepted the NTRO's contentions that the concerned rules spelt out the eligibility criteria of first class master's degree which had not been satisfied. In this regard, the NTRO had relied upon the District Collector & Chairman, Vizianagaram Social Welfare Residential School Society, Vizianagaram and Another v. Tripura Sundari Devi, : 1990 (3) SCC 655, to the effect that the conditions of eligibility for filling a post cannot be overlooked.