JAIVIR TYAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) -In these proceedings under Article 226 of the Constitution of India, the narrow controversy requiring determination is in respect of the date from which in situ promotion, as per the Assured Promotion Scheme has to be made effective.

(2.) The petitioners are scientists working in the National Institute of Hydrology ('the Institute') a registered society controlled by the Union Ministry of Water Resources. Clause 29 of the Bye-laws of the Institute provides that till such time separate regulations concerning its employees are framed, the concerned rules and orders applicable to Government employees would govern its officials, subject to modifications effected by the Governing Body of the Institute. All powers are reserved with theoverning Body of the Institute, which is also authorized to resolve any doubts.

(3.) The Institute had its own assessment promotion scheme (APS) in 1987. Pursuant to a letter of the Central Ministry of Water Resources, the Institute revised the APS in 1990. The main features of this APS were: