RAMASHRAY PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has preferred the present writ petition under Article 226 of the Constitution of India to assail the order passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No. 2260/2008 dated 29.10.2010, and the order passed in R.A. No. 2/2011 dated 07.01.2011. By the first order, the OA of the petitioner/applicant was dismissed, wherein the petitioner challenged the denial of promotion to him as Scientist Grade -F under the Flexible Complementing Scheme (FCS), and sought review by the Selection Committee to consider his case under the FCS for promotion as Scientist Grade -F and further as Scientist Grade -G. By the subsequent order, the review preferred by the petitioner was dismissed by the Tribunal.

(2.) THE petitioner joined the Department of Electronics as Scientist Grade -B on 10.09.1984. He was empanelled for promotion from Scientist Grade -B to Scientist Grade -C in 1996, but he was not promoted as a criminal case was pending against him. However, he was later promoted to Scientist Grade -C vide appointment order issued on 01.01.1992 due to revocation of his suspension in 1987. He was granted notional promotion with effect from 23.02.1987.

(3.) IN the third review held for promotion on 01.01.1998, the petitioner was recommended and was promoted to the Scientist Grade -E with effect from 01.01.1998 vide notification dated 08.10.2002. The petitioner became eligible for promotion to the Scientist Grade -F with effect from 01.01.2003 after completion of minimum residency period of five years in Scientist Grade -E. However, during the year 2003, no meeting of the Selection Committee was held. A review took place for the eligible officers as on 01.01.2004. The Selection Committee did not recommend the petitioner's name for promotion. Subsequently, during the review held in the years 2004, 2005, 2006, 2007 and 2008, the successive Selection Committees did not recommend the petitioner for promotion to the Scientist Grade -F. The petitioner represented for his promotion under the FCS as Scientist Grade -F on 03.12.2003, and again on 04.05.2005. The petitioner also sought to place reliance on the OM dated 03.10.2000 issued by the DOPT on the subject of reservation and promotion - prescription of lower qualifying marks/lesser standard of evaluation. We may note that the petitioner is a reserved category employee.