AJOY KUMAR ACHARYA Vs. THE SECRETARY (JT. SECRETARY ADMINISTRATIVE), COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH

JUDGEMENT

(1.) The petitioner has challenged the decision of the Central Administrative Tribunal, Calcutta Bench, in OA 221 of 2006 dated 11th March, 2011 in this petition.

(2.) The petitioner was appointed as a Junior Scientific Assistant in the Central Mining Research Institute (hereinafter referred to as 'CMRI') which is now known as the Central Institute of Mining and Fuel Research (hereinafter referred to as 'CIMFR'). Thereafter he was promoted to the post of Senior Scientific Assistant on 24th September, 1960. Later he was promoted to the posts of Scientist-A, Scientist-B, Scientist-C on 1st January, 1966, 1st January, 1971 and 1st January, 1976 respectively. He reached the maximum grade of the scale of pay on 1st January, 1983 and thereafter was stagnated for one year. According to the petitioner he became eligible for being assessed for promotion to the post of Scientist- E-1 in 1984. The Council of Scientific & Industrial Research, New Delhi, (hereinafter referred to as 'CSIR') which has overall administrative control over the CMRI framed rules governing the service conditions of the employees of the CSIR and these rules were made applicable to the employees of the CMRI. Under the Bye-Law 71(b), a person is eligible for promotion after completion of five years of service in a particular post. Therefore, according to the petitioner he was required to be assessed for promotion to the post of Scientist-E-1 in 1984.

(3.) A new scheme was introduced by the CSIR in January, 1984 for promoting persons working in the post of Scientist-C who had completed six years of service and had a post-graduate degree. The petitioner claims that he should have been promoted even under the new scheme for promotion as he had completed six years of service in October, 1982 and had a post-graduate degree.