RUBBER BOARD Vs. S. VEERAPUTHRAN

JUDGEMENT

(1.) The short question that arises for consideration in these cases is this - Are persons like the 1st respondent in W.A 484/2018 and the petitioners in the connected Writ Petition namely W.P(c) 20366/2015 who work in the Rubber Board in the field of Economics and designated as Scientists entitled to claim the benefit of a scheme known as the 'Flexible Complementing Scheme'?

(2.) W.A.No.484/2018 arises out of the judgment dated 11.01.2018 in W.P.(C)No.31887/2014 where the Learned Single Judge had directed that the benefit of the 'Flexible Complementing Scheme' (hereinafter referred to as 'FCS'). W.P.(C)No.20366/2015 is tagged along with W.A.No.484/2018 for hearing as it raises an identical question and on account of a reference order dated 20.5.2019 in that Writ Petition. For the sake of clarity, the employees claiming the benefit of FCS including the 1st respondent in W.A 484/2018 are hereinafter referred to as 'Writ Petitioners' unless otherwise indicated and the Rubber Board, the appellant in W.A 484/2018 and the 1st respondent in W.P.(C)No.20366/2015 will be referred to hereinafter as the 'Rubber Board'. The exhibits referred to as are they appear in W.P.(C)No.31887/2014 out of which W.A 484/2018 arises unless otherwise indicated.

(3.) The 'Flexible Complementing Scheme' was introduced by the Government of India in the Department of Personnel and Training on 9 th November 1998 following the recommendations of the 5th Central Pay Commission. This scheme was extended to the commodity boards including the Rubber Board on 6.7.2006. The FCS, as is evident from a reading of the same, is a Scheme intended to foster scientific and technical developments in Scientific and Technical organizations of the Government of India which are engaged in scientific activities and programmes. The Scheme, which is on record as Ext.P2 provides that FCS should, as per its original objective, be made applicable only to Scientists and Technologists holding scientific posts in Scientific and Technology related Departments and to those who are engaged in scientific activities and services. It is further provided that the assessment norms of promotion under the FCS should be rigorous with due emphasis on evaluation of scientific and technical knowledge so that only the scientists who have to their credit demonstrable achievements or higher level of technical merit are recommended for promotion under the FCS. Annexure-I, which forms part of Ext.P2, sets out the scientific activities and services covered for grant of FCS as under:-