LAWS(KER)-2019-2-256

SUSHAMA KUMARI Vs. UNION OF INDIA

Decided On February 11, 2019
Sushama Kumari Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) W.P.(c) No.31879 of 2014 The petitioner who was working as Scientist-C in the Rubber Board filed this writ writ petition, aggrieved by the denial of promotion under the Flexible Complementary Scheme (FCS) seeking the following reliefs: 1. Declare that Ext.P7-Rule framed by the 2nd respondent Board is without any authority, power or jurisdiction and the same ultravires Exts.P2 and P3 schemes of the Central Government and accordingly unenforceable.

(2.) Call for records more especially the selection proceedings, ACRs and Form No.1 in respect of private respondents and quash the entire proceedings inconcequence of the operation of Ext.P7-Rule such as Exts.P5 dated 11.7.14, P6 dated 11.7.14 and P8 dated 8.8.14 to the extend it relates the respondents 5 to 12 by issue of a writ of certiorari or appropriate writ or orders or directions.

(3.) Direct the 2nd respondent Board to codncut fresh unbiased assessment in respect of the private respondents 5 to 12 and the petitioner for promotion to the psot of Scientist D in PB3 with grade pay of Rs.7600/- striclty in accordance with Exts.P2 and P3-Schemes from the due date and release all the consequential monetary and other benefits with retrospective effect by issue of a writ of mandamus or appropriate writ or orders or directions.