MD. ASRARUL HAQUE (SCIENTIST F (RETD) Vs. UNION OF INDIA THROUGH MINISTRY OF ENVIRONMENT AND FORESTS THROUGH ITS SECRETARY, PARYAVARAN BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI

JUDGEMENT

(1.) Six Applicants have jointly filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 and prayed for the following relief(s) :-

(2.) The applicants in the present OA have joined in the respective grade of Scientist B/C/D on various dates, and are seeking promotion to the next higher post of Scientist grade under Flexible Complementing Scheme (FCS) after completion of prescribed residency period as per the Gazette Notification dated 09.11.1998 (Annexure A -1) and the OM dated 14.10.1999 (Annexure A -2). It is further averred that though the due provision exists under FCS for the effective date of promotion to the next higher grade, either with effect from 1st January or from 1st July of every calendar year, based on the recommendations of the Assessment Board, the respondents in an arbitrary manner did not complete the said process prior to the due date of promotion, which caused delay in awarding the promotion to the applicants by due date and the applicants financially suffered and got career set back. They submitted representations to the respondents time and again but due relief had not been granted to them. They have submitted representations dated 01.05.2006, 02.08.2007, 30.05.2011, 01.06.2011, 29.06.2011 and 11.07.2011 which are at the Annexure A -1 (Colly) of the Paper Book. The applicants have averred thatthere are a number of similar cases where the requisite grades/promotions have been granted retrospectively i.e. from the date of their eligibility viz. (i) Dr. V.S. Rao Chintala and Ors. v. Secretary to the Government of India & Ors. [OA No. 2296/2009 decided on 04.08.2010] and (ii) Union of India & Anr. Vs. S.K. Murti [Special Leave to Appeal (Civil) No. 6864/2011 decided by Honble Supreme Court on 02.05.2011]. The copies of the above two judgments are annexed at Annexure A -10 and Annexure A -11 respectively. It is the case of the applicants that as per the extant Government instructions, the FCS being a Scheme for in situ promotion, and the applicants being eligible after completion of the prescribed period of residency in the Scientist levels, they are entitled to be considered for promotion to the next higher grade of Scientists. As they have been promoted belatedly to the next higher post of Scientists and not granted retrospective in situ promotion, the respondents have violated the FCS guidelines. Thus, seeking justice and praying for the antedating of their promotion to the respective higher grades of Scientist they have jointly approached this Tribunal in the current OA.

(3.) Learned Counsel for the applicants Shri R. K. Kapoor assisted by Shri T.N. Tripathi contends that the FCS in situ promotion guidelines prescribe a detailed procedure to be followed. The respondents did not follow the same as they did not consider the applicants case as and when they were eligible, and approval of the competent authority was delayed, as a result, the bright Scientists like the applicants lost a good part of their service even after completing required residency period. He submits that their promotion was delayed in various grades varying from six months to six years. His contention was that as the process and procedure was not done as prescribed, the applicants were deprived of their timely FCS promotion. He, therefore, urged that the applicants In situ promotion to the respective grades of Scientists should be granted retrospectively, with effect from the date, they were eligible. He submitted that there were instances of retrospective promotion under FCS. Shri R.K. Kapoor submits that the case of the applicants is fully covered in all fours by the judgment of Honble Supreme Court in S.K. Murtis case (supra) and judgment of this Tribunal in Dr. V.S. Rao Chintalas case (supra). He submits that this Tribunal should direct the respondents to grant promotion retrospectively. It is, therefore, urged to allow the Original Application.