UNION OF INDIA Vs. G.SWAMINATHAN

JUDGEMENT

(1.) The Union of India and its officers have filed this original petition challenging the order dated 11.10.2018 in OA No. 788 of 2017 on the file of the Central Administrative Tribunal, Ernakulam Bench.

(2.) The respondent (applicant before the Tribunal) had approached the Tribunal praying inter alia for a direction to the petitioners herein (respondents before the Tribunal) to extend to him the benefits of a scheme known as the 'Flexible Complementing Scheme' (FCS) with effect from 6.6.1987 and grant in situ promotions in accordance with the said scheme with effect from the date on which they were due and to accordingly calculate and disburse the benefits payable. The respondent had earlier approached the Tribunal seeking an extension of the FCS scheme to hydrologists in the Central Groundwater Board. It was his case that hydrologists were excluded from the benefit of the scheme on account of the fact that the post of hydrologist was wrongly categorized as a Group-B Post. Through an order dated 14.8.1997 in OA 886/97, the Tribunal allowed this claim and found that the FCS scheme had to be extended to hydrologists also. This order of the Tribunal was upheld by this Court in OP No. 22691 of 1997. The order of the Tribunal as affirmed by this Court was implemented. The respondent again approached the Tribunal by filing OA No. 788 of 1997. According to the respondent he was entitled to promotion/placement as Scientist Grade-'C' with effect from 1.1.1991 whereas the benefit was extended to him only with effect from 1.1.1992 and to promotion placement as Scientist Grade-'D' with effect from 1.1.1995 whereas the said benefit was never granted to him. The 1st respondent retired from service on 31.1.2004.

(3.) The petitioners had filed a reply statement before the Tribunal where after setting out the background facts, it was stated as follows: -