S K RAHI Vs. BUREAU OF INDIAN STANDARDS

JUDGEMENT

(1.) In this batch of Petitions it has been prayed that appropriate writs/orders may issue to the Respondent directing them to promote the Petitioners to the post of Scientist-D (Joint Director) in the pay-scale of Rs.12,000-375-16,500/- from the date the same became due after the Petitioners had rendered 5 years of service in the post of Scientist-D in accordance with the Flexible Complementing Scheme (hereinafter referred to as `the FCS') on that date, being Department of Science and Technology's O.M.No.A.42014/2/86-Admn.1(A) dated 28.5.1986.

(2.) Regulation 9 of Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulation, 1988, which has been relied upon by the Petitioner read thus: 9. Promotion to the Posts upto System Scientist-E [Director (selection Grade)] " (1) The selection for promotions shall be made from amongst the scientific cadre officers serving in the next lower grade by the standing staff committee of Selection Committee `A' as the case may be, on the recommendations of the Assessment Committee appointed by the Director General under sub-regulation (3). Selection of officers for promotion shall be made on the basis of assessment procedure as laid down by the Executive Committee which shall take into account qualifications performance, merit, seniority, potential, annual confidential reports for previous five years and interview. (2) The promotion of Selected officers to next higher grade upto the System Scientist-E shall be made in the same manner as laid down in the Scheme of Flexible Complementing formulated from time to time by the Department of Science and Technology for promotion of Scientists in scientific organizations under the Central Government and shall be effective from the date of eligibility.

(3.) It is the admitted case that the recommendations of the Vth Pay Commission was adopted by the Bureau of Indian Standards (`BIS' in short), the Respondent herein, with effect from 1st January, 1996, by implementing FCS which envisaged as under: <FRM>JUDGEMENT_420_ILRDLH14_2005Html1.htm</FRM>