RAJAMOHAN SUTRAVE SCIENTIFIC OFFICER Vs. THE COUNCIL OF MANAGEMENT TATA INSTITUTE OF FUNDAMENTAL RESEARCH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners seeks a writ of mandamus or any other appropriate writ, order or direction to grant time-bound promotion to the petitioner in the capacity of Scientific Officer-F and further in the capacity of Scientific Officer-G with retrospective effect with all consequential benefits within stipulated period. We would refer to the amended prayers a little later once we note the few facts. Prior to that, it is necessary to state that the petitioner is an employee of the Tata Institute of Fundamental Research (hereinafter referred to as the "TIFR"). He has impleaded the Council of Management, the Director and the Centre Director of this institute as party respondents, as, in his view, the Union of India-Central Government bears 99% of the expenditure of this institute.

(2.) The petitioner, while instituting this petition, was serving as a Scientific Officer-E, National Center for Radio Astrophysics, Radio Astronomy Center, Udhagamandalam (Ooty), Tamil Nadu. It is stated that this institute was founded by none other than Shri. Homi Bhabha. It was founded on 1st June, 1945 with patronage and active support extended by the Sir Dorabji Tata Trust. The institute was first functional at Bangalore and then moved to Bombay. After setting out the entire history of this institute, its achievements, the petitioner states that he has completed his Bachelor of Engineering (Mechanical) degree course in the year 1982 from Mysore University. After completion of his degree course, the petitioner worked with M/s. Karnataka Power Corporation from December, 1982 to August, 1984 as Junior Superintendent. Then, he served at the Raipur Thermal Power Station from August, 1984 to February, 1986. The petitioner then worked at Jakham Irrigation Project, Dhariawad Udaipur, Rajasthan as Resident Engineer from March, 1986 to mid November, 1987, Varahi Project from November, 1987 to January, 1988, M/s. Dodsal Pvt. Ltd., Cross Country Gas and Oil Pile Line contractors from January, 1988 to September, 1990, M/s. Eastern Coal India Limited from 1991 to September, 1992. In the year 1992, after going through the complete selection process, the petitioner was selected in the capacity of Engineer - Scientific Officer-D grade with National Center for Radio Astrophysics (NCRA) and the petitioner joined the office of Giant Meterwave Radio Telescope (GMRT) on 14th October, 1992 as a Scientific Officer-D at Narayangaon, Pune. During the working period at Giant Meterwave Radio Telescope (GMRT), the petitioner carried out many skillful and important works on the said project.

(3.) The petitioner then sets out his achievements and says that he was instrumental in number of scientific and technological developments and advancements. The petitioner states that because of his honesty, hard work and efficiency at work place, he received an appreciation in the mode of promotion from Scientific Officer-D to Scientific Officer-E grade from August, 1998. The promotion order was passed in the year 2000, but with retrospective effect from 1998. The petitioner states that the TIFR has its own promotion norms. The promotion depends on the basis of assessment of performance of the employees and that is the grading and remarks by the reporting and counter signing officer. The petitioner states that while granting promotion grade to any employee working as Scientific Officer, the performance is judged on the basis of the ratings. The performance is rated and the norms in relation thereto are referred to by the petitioner at pages 11 and 12 of the paper book and a copy of the same is annexed as Exhibit - 'A' collectively.