PRATUL SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 by one Pratul Saxena with six others against the order dated 13.11.2013 whereby their juniors and colleagues have been called to appear before the Board of Assessment/Interview/Personal Talk for retrospective in situ promotion to the grade of Scientist D held by the respondent No. 3 on 12.12.2013.

(2.) THE grievance of the applicants is that some of the Scientists C called for interview vide the impugned order are junior to them and their seniority in the grade of Scientist C had been antedated by virtue of court orders. It is the claim of the applicants that they too were entitled to seniority being antedated keeping in view the provisions of statutory recruitment rules and Flexible Complementing Scheme [hereinafter referred to as FCS]. To the contrary, the respondents have granted the benefits of Tribunals orders only to the persons who were armed with the orders of the Tribunal against the general settled law that a judgment should be implemented in such a way that all similarly situated persons are covered by it rather compelling each one of them to seek the shelter of the Court individually.

(3.) THE facts of the case of the applicants are that admittedly they are Scientists B in the office of the respondent No. 2. A total number of nine Scientists C were invited vide the impugned order dated 13.11.2013 for assessment/interview/personal talk for retrospective in situ promotion to the grade of Scientists D in PB -3 (corresponding pay scale of Rs. 15600 -39100/ -) plus Grade Pay of Rs. 7600/ -. As stated, some of these Scientists, who had been called for interview/assessment/personal talk vide the impugned order, are junior to the applicants, who otherwise gained eligibility under the FCS against various dates. For instance, applicant No. 1, who joined as Scientist B on 30.06.1997 became eligible for promotion to Scientist C on par with his junior Anadi Gayen with effect from the date of completion of eligibility period under FCS. Likewise, other applicants, who also joined as Scientist B on various dates became eligible for promotion to the grade of Scientist C after completion of their respective periods of eligibility. However, the applicants were promoted as Scientist C not from the date of their completion of eligibility but from a later date without disclosing the reasons for delay in making such promotions. Aggrieved by the delayed promotions, some of these officers filed OAs before various Benches of this Tribunal which were allowed with directions to the respondents to antedate their seniority as per FCS provisions from due dates. These orders were implemented by the respondents. The Lucknow Bench of this Tribunal had also passed an order in the case of Ajay Kumar & Others versus Union of India & Others [OA No. 146/2011 decided on 17.07.2012] with direction to the respondents to grant the benefits of FCS Scheme to the applicants in the light of the orders dated 12.11.2009 passed by the Jaipur Bench of this Tribunal in OA No. 189/2007. This issue was also dealt with by the Hon'ble Supreme Court in the matter of Union of India & Another versus Dr. S.K. Murti [SLP (CC No. 6864/2011 decided on 02.05.2011]. In the said matter the Principal Bench of the Tribunal rejected the claim of the applicant for antedating being against the general principles of promotion and also contrary to the OM dated 10.11.1998. This order was reversed by the Hon'ble High Court which in turn was upheld by the Hon'ble Supreme Court holding that in terms of paragraph 51.25 of the recommendations of the Vth Pay Commission, the Departmental Review Committee/Assessment Board was required to meet every six months i.e. in January and July and the promotions were to be made effective from the date of eligibility. Hence, any senior being overlooked in the matter of promotion is an aberration which entitles the said officer so overlooked to promotion from the same terms and dates.