LAWS(DLH)-2015-5-331

SUNIL ALAG Vs. UNION OF INDIA AND ORS.

Decided On May 28, 2015
Sunil Alag Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India questions the correctness of an order of the Central Administrative Tribunal [hereafter "CAT"] in O.A. No. 4231/2011 and O.A. No. 4560/2011 dated 24.09.2013. The CAT negatived challenges to the decisions of the Appointments Committee of the Cabinet ("ACC") dated 8.4.2009 and 15.11.2011, denying promotion to the petitioner to the grade of Scientist "G" (and promoting certain others).

(2.) The brief facts are that the petitioner is a Master of Technology, having graduated from IIT in 1982. He joined Central Government service in the grade of Scientist "C" in what is now the Department of Electronics and Information Technology, on 16.4.1987 ("DoE"). The Petitioner was promoted to the grades of Scientist "D", "E" and "F" on 2.1.1992, 19.4.1998, and 24.1.2001, respectively.

(3.) Through a notification issued by the Department of Personnel and Training (DoPT) on 9.11.1998, the "Flexible Complementing Scheme" for promotion was made applicable to the petitioner's department. An Annexure to the Notification, defined "scientists" and "engineers" as follows: