Central Administrative Tribunal - Delhi
Catherine Louis vs Department Of Water Resources, River ... on 7 November, 2025
1 O.A No. 3309/2023
Item 53 (C-3)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 3309/2023
Reserved on : 31.10.2025
Pronounced on : 07.11.2025
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
1. Ms. Catherine Louis
D/o Mr. Sajan Joseph,
R/o H No.925, 2nd Floor,
Type 4 Quarters Sector 12
R.K. Puram, Delhi 110022.
Presently Working as Scientist C (HG),
Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, New Delhi.
(Presently Posted in National Water Informatics Centre
(NWIC), New Delhi as Deputy Director).
2. Mr. Junaid Ahmad
S/o Mr. Mohd Ashraf
R/o A404, Supertech Rameshwar Orchid,
Near Yashoda Super Speciality Hospital, Kaushambi,
Ghaziabad, Delhi NCR, 201010.
Presently Working as
Scientist C (HG)
Central Ground Water Authority,
Department of Water Resources River Development &
Ganga Rejuvenation,
Jamnagar House,
New Delhi
3. Ms. Sulekha Bhaya
D/o Ananda Bhaya
R/o Ranchi, Jharkhand
Presently working as Scientist 'C' (HG),
With the Central Ground Water Board
Department of Water Resources, RD &GR
Ranchi, Jharkhand
2 O.A No. 3309/2023
Item 53 (C-3)
4. Ms. Aditi Bhatt
D/o Narendra Nath Bhatt
R/o Essel Tower, M. G. road
Pilot court Gurgaon, 1303 E block, Haryana
Presently Working as Scientist C (HG)
CGWA,
Department of Water Resources, RD &GR
Jamnagar House, New Delhi
5. Mr. Satyendra Kumar
S/o Vijay Kumar
R/o LNJP GPRA Awasiya Parisar
Type IV, 10E,
In campus of CPWD Holiday Home
Patna 25
Presently Working as Scientist C(HG)
Central Ground Water Board
Department of Water Resources,
River Development Ganga Rejuvenation,
Mid Eastern Region MER, Patna
6. Mr. Sujatro Ray Chowdhuri
S/o Shri Arun Narayan Ray Chowdhuri
R/o Flat No.10, AIIMS apartment, New GBN School,
Sector 21D, Faridabad 121001 Haryana
Presently Working as Scientist C(HG)
Central Ground Water Board,
Department of Water Resources River Development &
Ganga Rejuvenation,
CHQ, Faridabad
7. Ms. H. Veikhone Sophia Kay
D/o KS Hepune
R/o 1st floor, 9/123,
Malviya Nagar, New Delhi 110017
Presently Working as Scientist C (HG)
Central Ground Water Authority,
Department of Water Resources River Development &
Ganga Rejuvenation,
Jamnagar House,
New Delhi.
3 O.A No. 3309/2023
Item 53 (C-3)
8. Mr. Md. Sarif Khan
S/o Md Motiur Rahman Khan
R/o FF1, Second Floor, Apsara Apartment,
Sector 12, MVP Colony, Visakhapatnam 530017,
Andhra Pradesh
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, APSUO, Visakhapatnam
9. Mr. Madhukar Singh
S/o B.B. Singh
R/o B-81, Lajpat Nagar II New Delhi 110024
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, CGWB, SUO, New Delhi
10. Mr.Vipin Kumar
S/o Sh. Rajendra Singh
R/o P. No.16, Salasar Vatika 6,
Niwaru Road, Jhotwara Jaipur Rajasthan 302048
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, WR, Jaipur
11. Mr. Aneesh Kumar V
S/o Shri Venugopalan Nair B,
R/o-Lekshmi Vilasam Panangattela
Karippaar PO Nedumangad, Thiruvananthapuram,
Kerala.
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, KR, Trivandrum
12. Ms. Neety Nayar
D/o Shri Ranjan Nagi
R/o 125, Munirka Enclave, New Delhi
Presently Working as Scientist C (HG) & Deputy Director Central
Ground Water Board, Department of Water Resources
River Development & Ganga Rejuvenation,
NPMU, ATAL BHUJAL YOJANA, DOWR,
RD & GR SUO, New Delhi.
13. Ms. Preeti Pandey
D/o Late Shri Kshama Shankar Pandey
R/o Plot Number 54 & 55, Cross winds Society,
Shivam Nagar III, Jagatpura, Jaipur 302017
4 O.A No. 3309/2023
Item 53 (C-3)
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, WR, Jaipur
14. Ms. Anu V
D/o K Venkitaraman
R/o CRA B 96, church Lane,
Cheruvaykal, Sreekaryam PO Trivandrum 695017
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, KR, Trivandum
15. Mr. T Madhav
S/o Shri Rama Rao
R/o H No. 12-1-450/4 Siri Vijay Enclave,
Nagde, Bandlaguda, Hyderabad TS 500068
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SR, Hyderabad
16. Dr. Shaista Khan
D/o Shri Urooj Khan
R/o Flat No.3D, 77/48, Absar Apartment
Old Calcutta Road, Sumangalapuri More,
Barrackpure, WB 700123
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, ER, Kolkata
17. Ms. Madhumanti Roy
D/o Shri Debasish Roy
R/o Flat No.203, T8, Lotus Boulevard Sector 100,
Noida 201301.
Presently Working as Scientist C (HG) & Deputy Director Central
Ground Water Board, Department of Water Resources
River Development & Ganga Rejuvenation, NPMU,
ATAL BHUJAL YOJANA, DOWR, RD & GR SUO,
New Delhi.
18. Mr. Ramesh Jena
S/o Shri Shivaram Jena
R/o A 801, Maple Parmeshwar Tragad Zundal Road,
5 O.A No. 3309/2023
Item 53 (C-3)
Gandhinagar, Gujaral 382424.
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, West Central Region, Ahmedabad
19. Mr. Uddeshya Kumar
S/o Shri Ashok Kumar Yadav
R/o B 2105, Shanti Residency,
Lalpur, Raipur (442001) Chhattisgarh
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, NCCR, Raipur.
20. Mr. Lakshmi Narayana Damodara
S/o Shri Amaralingeswara Rao
R/o F 11, A Block, Ramalakshmi Estates Shivajipalem Road,
Peddawaltair, Vishakhapatnam, AP 530017.
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, AP State Unit office,
Visakhapatnam21.
21. Ms. Ritu Kuman Oraon
D/o Late Magheya Oraon
R/o Q.No-B-156, ONGC North Colony,
Bhadarghat, Agartala.
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SUO, Agartala
22. Mr. Jitesh Tatiwal
S/o Shri Tara chand Bairwa
R/o E 206, Pragati Vihar, Hostel New Delhi 110003.
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, ATAL BHUJAL YOJANA
DOWR RD & GR SUO, New Delhi
23. Mr. Shasinlo Kent
S/o Shri Logvubu Kent
R/o House no. CB-037, Centre Nongrim Hills,
Shillong Meghalaya 793003.
6 O.A No. 3309/2023
Item 53 (C-3)
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SUO, Shillong
24. Ms. Anenuo Pienyu
S/o Shri Neiseo Pienyu
R/o Lumsohphoh, Jingkieng, Shillong,
Meghalaya 793014
Presently Working as
Scientist C (HG)
Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SUO, Shillong
25. Ms. Caroline Louis
D/o Shri Sajan Joseph
R/o 477, 34 Block, CPWD Quarters,
HSR Layout, Bangaluru 560102
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SWR, Bangalore
26. Mr. Arpan Kumar Banerjee
S/o Shri Ashoke Kumar Banerjee
R/o- 149/2, Dr. Haren Mukherjee Road,
P.O- Newbarrackpur, District-North 24 Paraganas,
Pincode-700131, West Bengal.
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, ER, Kolkata.
27. Ms. Naima Akhtar
D/o Shri Mohammed Jamal Akhtar
R/o 1227 F, CPWD Quarter, Sector-7B, Chandigarh 160019
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, NWR, Chandigarh
28. Ms. Lata Udsaiya
D/o Om Prakash
R/o Flat No. 53, Albert Ekka Vihar,
Gulmohar Trilanga, Bhopal 462039 Madhya Pradesh
7 O.A No. 3309/2023
Item 53 (C-3)
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, NCR, Bhopal
29. Ms. Gargi Walia
D/o Shri Ramesh Walia
R/O 327 F, Sector 7 A CPWD colony, Chandigarh 160019
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River. Development
& Ganga Rejuvenation, NWR, Chandigarh
30. Ms. Paisnee Patel
D/o Shri Sewa Lal Patel
R/o A 106, Kasturba Nagar, Bhopal, Madhya Pradesh 462023
Presently Working as
Scientist C (HG)
Central Ground Water Board, Department of Water Resources River
Development & Ganga Rejuvenation, NCR, Bhopal
31. Mr. Bijay Ketan Mohanta
S/o Shri Sushil Kumar Mohanta
R/o H No. 518, B Block Spectra Metro heights, Nagole,
Hyderabad 500068 Telangana
Presently Working as
Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SR, Hyderabad
32. Mr. Chitta Ranjan Biswal
S/o Shri Goura Chandra Biswal
R/o Flat No.A1/308, Aakriti Greens, Salaiya, Bhopal
Pin 462042, Madhya Pradesh
Presently Working as
Scientist C (HG)
Central Ground Water Board,
Department of Water Resources River Development &
Ganga Rejuvenation, NCR, Bhopal
Madhya Pradesh
33. Mr. B Abhishek
S/o BV Prasad
R/o kanchanganga Phase II,
House No. B 40, Near GSI,
8 O.A No. 3309/2023
Item 53 (C-3)
Raipur 492001 Chhattisgarh
Presently Working as
Scientist C (HG)
Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, NCCR, Raipur
Chhattisgarh
34. Mr. Sidhanta Kumar Sahu
S/o Shri Santanu Kumar Sahu
R/o Himalayan Heights, Phase 2,
M5-408, Dumantarai
Raipur 492015
Chhattisgarh
Presently Working as
Scientist C (HG)
Central Ground Water Board,
Department of Water Resources River Development &
Ganga Rejuvenation, NCCR, Raipur
Chhattisgarh
35. Ms. Tembhurne Sayelli Umesh
D/o Shri Umesh Tembhuene
R/o 88, Post Bezon Bagh
Kamptee Road, Nagpur,
Presently Working as Scientist C (HG)
Central Ground Water Board, Department of Water Resources River
Development & Ganga Rejuvenation, CR, Nagpur
36. Ms. Resma S Pillai
D/o KK Sasidharan Pillai
R/o H No.12-1-469/A/2
Karne's Residency, Road No.8, Madhura Nagar,
Bandlaguda, Hyderabad 500068, Telangana State
Presently Working as Scientist C (HG)
Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SR, Hyderabad
37. Ms. Monika
D/o Shri Ram Dular Singh
R/o Flat No. 518, B Block
Spectra Metro Heights
Mamtha Nagar, Nagole, Hyderabad 500068
9 O.A No. 3309/2023
Item 53 (C-3)
Presently Working as Scientist C (HG)
Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, SR, Hyderabad
38. Ms. Anakha Ajai
D/o Shri Ajaya Kumar L V R/o G-3/457,
Gulmohar Colony Bhopal, Madhya Pradesh 462039
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation, NCR, Bhopal.
39. Chao Konseng Gogoi
S/o Shri. Rajib Gogoi Ward nol,
Tiniali, Dhemaji Assam, 787057
Presently Working as Scientist C (HG) Central Ground Water Board,
Department of Water Resources River Development
& Ganga Rejuvenation,
NER, Guwahati ...Applicants
(By Advocate : Mr. Vishvendra Verma)
VERSUS
1. Union of India
Ministry of Jal Shakti
Government of India,
Department of Water Resources,
River Development and Ganga Rejuvenation
Shram Shakti Sadan,
New Delhi Through its Secretary
2. Ministry of Jal Shakti
Department of Water Resources,
River Development and Ganga Rejuvenation,
Central Ground Water Board,
Bhujal Bhawan, NH-IV, Faridabad Haryana
3. The Secretary
Ministry of Personnel, P.G. and Pensions
Department of personnel & Training
New Delhi ....Respondents
(By Advocate : Mr. R. S. Rana)
10 O.A No. 3309/2023
Item 53 (C-3)
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A):
The instant OA has been filed by Ms. Catherine Louis and 38 other similarly placed applicants under section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"i) to allow the O.A. of the applicants and direct the Respondents to ante-date the award of promotion under the FCS to the next grade to the Applicants as per their respective eligibility as mentioned above and as on the due dates mentioned above respectively, after considering the period of services rendered by the Applicants with all consequential benefits; and/or
ii) to pass any other and further orders as may be deemed fit and proper in the interest of justice."
2. The factual matrix of the case as per the counsel of the applicants is that the applicants who are working as Scientists Grade C in Central Ground Water Board, Department of Water Resources River Development & Ganga Rejuvenation (CGWB), New Delhi are aggrieved by their late promotion to the post of Scientist Grade C under Flexible Complementary Scheme (FCS) which was not according to their date of eligibility. Counsel for the applicants clarified that though the applicants have already got promotion however, those promotions have been given to them after the date of entitlement and with an approximate gap of different periods as has been mentioned in the list provided in the OA. For more clarity the said list is reproduced below:-
11 O.A No. 3309/2023
Item 53 (C-3) 12 O.A No. 3309/2023 Item 53 (C-3) 13 O.A No. 3309/2023 Item 53 (C-3) 14 O.A No. 3309/2023 Item 53 (C-3) Counsel has raised plea that the applicants were not promoted in terms of the directions of the Hon'ble Apex Court in SLP No. 6864/2011 in Union of India vs. S. K. Murti wherein it was directed to grant benefits of FCS to all the similarly placed applicants.
However, the same was not granted to the applicants herein. Also the respondents have ignored the orders dated 29.05.2014 passed by this Tribunal in OA No. 1926/2013 in the case of Dr. A. Duraisamy wherein it was held that the retrospective/ante date in-situ promotion under FCS in respect of Scientists was to be granted which was not granted to the applicants. Even the respondents vide office order dated 23.04.2013 categorically submitted that the applicants would be entitled for promotion as per the seniority under FCS in Dr. A. Duraisamy's case. According to the counsel the FCS which is a promotion policy for Scientists provides that a minimum period of residency of three years has to be completed by a Scientist B to be eligible for becoming Scientist C. Pursuant to the same, an assessment had been carried out for the period from 29.07.2015 to 01.07.2020 and the applicant no. 1 became eligible for promotion on 01.07.2020. However, she was given in-situ promotion only on 31.12.2022 causing irreparable loss of 2 years and 6 months. In the same way, the promotions of other applicants were also delayed.
Counsel highlighted that as per FCS for promotion, the Department Review Committee was to be constituted twice a year i.e. 1st January and 1st July of every year for those who have completed the fixed 15 O.A No. 3309/2023 Item 53 (C-3) tenure as per FCS. The effective dates of promotion for those who were found eligible for promotion would be 1st January or 1st July of the subsequent year as the case may be. However, the applicants were not granted the said benefit as per FCS. Aggrieved by the non action of the respondents in ante dating their promotions the applicants through their Association approached the respondents and requested for implementation of the judgment of the Hon'ble Supreme Court dated 02.05.2011 in SLP (C) No. 6864/2011 in UOI & Anr. vs. S. K. Murti, but to no avail. Thus, they are before this Tribunal to ventilate their grievance.
3. Counsel for the applicants reiterated the factual background of the case in his grounds. However, few fresh grounds raised by the him are quoted below :-
"1. According to the modified Flexible Complementing Scheme for Scientists based on the recommendations of the 6th Central Pay Commission vide Office Memorandum dated 10.09.2010 - A Flexible position in some of Complementing Scheme (FCS) for scientists is in the scientific Ministries/Departments of the Government of India and the same is presently governed by the guidelines issued by this Department under O.M. No.2/41/97-PIC dated the 9th November, 1998. There is also in position a separate merit based promotion scheme in the DRDO and the Departments of Atomic Energy and Space. The sixth Central Pay Commission (6th CPC) has examined these schemes in detail and observed that various time bound promotion schemes may be necessary for scientific organizations as the morale of the scientist has to be kept high in order to keep them motivated and to stop the fight of talent from Government organizations involved in research and scientific activities. In this context, the 6th CPC has recommended that the existing scheme of FCS with necessary modifications has to be continued for R&D professionals in all S&T organizations, and the merit based promotion scheme in the Departments of Atomic Energy, Space. and 16 O.A No. 3309/2023 Item 53 (C-3) DRDO would also need to be persisted with. The Commission has, however, recommended certain features to be incorporated in the existing schemes of FCS and merit based promotion scheme so as to make them more relevant to the context.
2. The recommendations of the Commission have been examined in detail in the context of FCS and a revised comprehensive scheme is enclosed for immediate necessary action by all concerned Ministries and Departments. All the Ministries/Departments shall initiate action for review of the provisions of the Flexible Complementing Scheme and amend the provisions of relevant recruitment rules so that the scheme is brought in conformity with the decision/guidelines being conveyed vide this Office Memorandum. Assessment of Scientists from 01.01.2011 shall be done accordingly.
3. The Flexible Complementing Scheme in position in certain scientific Ministries/ Departments/Organizations of the Government shall continue, and promotions under the FCS shall be limited to posts carrying a grade pay of Rs. 10,000/- or lower. The merit based promotion scheme in the Departments of Space, Atomic Energy and DRDO shall also continue and promotions under the scheme shall be limited to posts carrying a grade pay of Rs.12,000/- or lower. The applicants fall squarely under the FCS.
4. There shall be two level of assessment for FCS. The first one would be at internal level for screening purpose and next level assessment should have majority of external members. The cases of the applicants were considered and they have to be considered at the relevant time but there is a delay on the part of the respondents for which the applicants cannot be held liable therefore, the applicants are entitled to be considered at the relevant time when they are entitled at the relevant time for the promotion.
The assessment board for judging should have majority of external members possessing expertise in the field. Greater emphasis to be placed on achievement as evaluated by an independent peer group rather than seniority. The revised assessment procedure as prescribed in Annexure I shall henceforth be followed by all scientific Ministries/Departments for considering advancement under the FCS.
Henceforth, the benefits of FCS shall be extended only in such Departments as are involved in creating new scientific knowledge or innovative engineering, technological or medical techniques or which are predominantly involved in professional research and development and/or application of 17 O.A No. 3309/2023 Item 53 (C-3) scientific knowledge. The modified criteria for identifying departments as scientific and technical and parameters for determining scientific activities and services, scientists and engineers and scientific posts will be as in the Annexure II to this scheme. It is not disputed that the applicants are involved in scientific work under the Respondent NO.1 & 2 and their services were recognized and appreciated by the respondents.
5. In order to extend the benefit of the Flexible Complementing Scheme to other scientific departments, the criteria for identifying an organization as scientific would be decided and notified by the Department of Science and Technology, keeping in view the definition given in this regard. One such definition given by Department of Science and Technology is at Annexure III. The organizations that are demanding the extension of FCS in their case, the administrative Ministry of such organizations shall satisfy itself that such institutions are scientific and technical institutions and the officers are scientists holding scientific post and are involved in scientific and technical activities as defined in the Annexure II to the FCS scheme and make its recommendations to the Department of Science and Technology. On receipt of such a request the Department of Science & Technology shall set up a Committee, which shall include eminent scientists relevant to the discipline, for examining the proposal referred by the administrative Ministry concerned. Since it is not necessary that all the pay scales under the Flexible Complementing Scheme should be applicable in all the scientific organizations, as the size of the organization may not justify introduction of the entire group of scales, the Committee, while making its recommendation, would take a specific view as to the number of scales that should be operated in the organization as well as the appropriate residency period for ensuring an even pace of promotion. However, the progression under Flexible Complementing Scheme will only be as per scales indicated in para (ii) of the Scheme: The recommendations of the committee shall be processed by the administrative ministry concerned and shall be considered in consultation with DoPT and Department of Expenditure.
6. The Respondent has examined the matter in consultation with the Ministry of Finance (Dept. of Expenditure) and it has been decided that as a onetime measure the Principle Scientific Officers who were in position as such as 09.11.1998 and were earlier considered for promotion to the grade of Rs.5100-6300 (pre-revised from the scale of pay Rs.3700-5000) directly will continue to be considered for promotion to the grade of Rs.16400-20000 (pre-revised Rs.5100-6300) after completion of eligibility service as 18 O.A No. 3309/2023 Item 53 (C-3) prescribed in Rules. The criteria of marks at the time of first opportunity for promotion to higher grades on the basis of ACR's etc. be reduced from 90%-85%. The FCS was further clarified on the point of relaxation in assessment. It has been clarified that there is also no stipulation that this relaxation is for assessment for only one more occasion. All those PO's/Scientist-D who were in position as on 09.11.1998 and were eligible under the extent rules through promotion directed to the grade of Rs.5100-6300 will continue to be eligible for movement directly to the grade of Rs. 16400-20000, In respect of the promotion from Scientist-B to Scientist-F, the Office Memorandum dated 26.04.2000 was issued and it was clarified that the Scientist-D in position as on 09.11.1998 who were eligible for promotion directly to the grade of Scientist-F under the extent provisions of Recruitment Rules in vague before introduction of the modified FCS and who have been permitted by this Department as a special case to continue to be eligible for promotion directly to the grade of Scientist- F would be eligible for consideration for promotion under FCS from the grade of Scientist-D to Scientist-F only on completion of minimum eligibility service as prescribed under the relevant Recruitment Rules as existed before 09.11.1998 viz. 5 years. It is further directed that the 90% cut-off criteria prescribed in this Department's O.M. dated 09.11.1998 for consideration for promotion under FCS at the first opportunity was modified to 85%.
7. The Applicants who were working as Scientist. 'B' in the respondent No.1 & 2 became eligible for promotion under FCS (as mentioned in para 4.1 above). However, on account of delayed convening of the Departmental Review Committee/Selection Committee, their promotion was delayed (as mentioned in para 4.1.). The loss of seniority to the applicants stated in the said para 4.1 and the same shall have the future impact under FCS, as their eligibility shall be considered for further promotion accordingly.
8. As per the provision contained in para 10.2 of the Ministry of Economic Affairs Notification dated 23.09.1987. In case of scientist recruited by transfer on deputation and later on absorbed the services rendered by him while on transfer on deputation in the department is required to be counted for the purposes of review and promotion to the next higher grade. It is submitted that the Applicant are eligible from the dates mentioned in para above and the promotion have not been given and the representations of the Applicant have also not been disposed off by the Respondents.
9. The OM dated 17.07.2002 is relevant for the adjudication in respect of question that the Applicant may be promoted retrospectively under the FCS scheme. The fifth 19 O.A No. 3309/2023 Item 53 (C-3) recommendations for made Flexible commission pay modifying the Complementary Scheme (FCS) in operation in Scientific and technological departments for in situ promotion of scientific/technical personnel with a view to removing the shortcomings/ inadequacies in the scheme had been examined and thereafter the guidelines given in OM dated 09.11.1998 was modified accordingly. It was decided that once the officer became eligible for consideration by the Screening Committee they are called for interview and are assessed in 10 point scale by the assessment board. The eligibility for promotion would be based on the norms of percentage given in the OM. The Ld. Central Administrative Tribunal, Principal Bench has taken the same view of the O.M. dated 17.07.2002 in its judgment and order dated 22.05.2012 in O.A. No.4098/2011."
4. To support his claim the counsel of the applicants relied upon various Rulings of different Courts which are enlisted below :-
1. In WP 3073/1997 - Dr. A. K. Mandal vs. Director General ICFRE and Anr. decided by the Hon'ble M.P. High Court.
2. In Satrucharla Vijaya Rama Raju vs. Nimmaka Jaya Raju and Others, (2006) 1 SCC 212 followed in the case of Deccan Paper Mills Co. Ltd. Vs. Regency Mahavir Properties and others, AIR 2020 SC 4047 decided by the Hon'ble Apex Court.
3. In Ambika Prasad Mishra vs. State of U.P and others, (1980) 3 SCC 719, decided by the Constitution Bench of the Hon'ble Supreme Court.
4. In State of Gujarat and another vs. Justice R.A. Mehta (Retired) and others, (2013) 3 SCC 1, decided by the Hon'ble Apex Court.
5. In State of Uttar Pradesh and others vs. Arvind Kumar Srivastava and others, (2015) 1 SCC 347, decided by the Hon'ble Apex Court.
6. In Anil Ratan Sarkar and others vs. State of W.B. and others (2001) 5 SCC 327, decided by the Hon'ble Apex Court.
7. In Harcharan Lal and others vs. UOI and others - OA No. 3576/2017 dated 02.12.2022 decided by this Tribunal.
8. In Harcharan Lal and others vs. UOI and others - OA No. 3576/2017 dated 02.12.2022 decided by this Tribunal.20 O.A No. 3309/2023
Item 53 (C-3)
9. In UOI and others vs. Vinay Kumar - Civil Appeal No. 6359/2016 dated 02.12.2022 and batch decided by the Hon'ble Apex Court.
10. In R.A No. 157/2017 in OA No. 2894/2012 in Union of India & Anr. vs. Vinod Kumar Jain & Ors. decided by this Tribunal.
5. Per contra, the counsel of the respondents opposed the above arguments of the counsel of the applicants and stated that 59 Scientist B of Central Ground Water Board were promoted to the grade of scientist C on in-situ basis under FCS in Level 11 of the pay matrix from the date of assumption of duties in the higher grade. He highlighted Rule 6 (iii) (a) (iii) of RRs of the post vide which the cases maturing for promotion under FCS during January to June of the year shall be taken up for review in the month of July of that year and the cases maturing for promotion during July to December of a year shall be taken up for review in the month of January of the next year. The 1st January and 1st July are not absolute. Further, rule 6 (b) provides that where an eligible officer is on foreign service or study leave in India or abroad, his or her case shall be considered and if such person has been approved for in-situ promotion under the FCS to the next higher grade, the effective date of such promotion shall be from the date of resumption of duty in the Central Ground Water Board and financial benefit shall accrue from the same date and no travelling allowance or dearness allowance shall be provided to attend the interview". Grant of their in-situ promotion from their date of 21 O.A No. 3309/2023 Item 53 (C-3) eligibility/assessment will forfeit the purpose. The counsel further emphasized that the assessment norms under the FCS should be rigorous, with due focus on evaluating scientific and technical competence, ensuring that only those scientists with demonstrable achievements and a proven record of technical excellence are recommended for promotion. Giving the benefits of promotions from a retrospective date or from the date of completion of residency period without timely assessment as prescribed in the guidelines would dilute the spirit of FCS instruction on rigorous assessment. The same was reiterated by the OM dated 21.09.2012 issued by the DoPT. It is important that the applicants actually perform the work in the previous grade to be entitled/considered for promotion to the next higher grade. Merely stating that the applicants are to be granted retrospective promotion from the date of eligibility would be contrary to the emphasis laid down in the FCS guidelines with regard to evaluation of scientific and technical knowledge.
6. In the rejoinder filed by the applicants quoting various Supreme Court and High Court cases including that of S. K. Murti's case of this Tribunal, they have reiterated the facts of the case.
7. We have given our thoughtful consideration to the rival submissions; examined the documents and circulars on record as well as the rulings cited by the applicants. We have observed that the applicants were entitled for promotion to the post of Scientist Grade-C 22 O.A No. 3309/2023 Item 53 (C-3) w.e.f. their respective dates as per the chart/list reproduced in the preceding paras in terms of the Flexible Complementing Scheme (FCS). We find that the action of the respondents in not granting them promotion in terms of the Hon'ble Apex Court judgment in UOI vs. S. K. Murti (Supra) is highly arbitrary, discriminatory, capricious and unjust. The balance of convenience clearly lies in favour of the applicants as this matter is no more 'res integra' but 'res judicata' and the Doctrine of binding precedent (stare decisis) applies in this case. The aforesaid judgment has already been implemented. Accordingly, we are of the considered opinion that this patent wrong and miscarriage of justice needs to be redressed in the light of the ratio given in the judgment of Hon'ble Supreme Court in UOI vs. S. K. Murti (Supra) and the decision of Coordinate Bench of this Tribunal in OA No. 4098/2011 dated 22.05.2012, the excerpts of which are reproduced below :-
"In our view, reasons assigned by the High Court for directing the petitioners to promote the respondent with effect from the date of acquiring the eligibility are legally correct and the impugned order does not suffer from any legal error warranting interference under Article 136 of the Constitution. It is not in dispute that vacancies existed when the Departmental Review Committee considered the case of the respondent and other similarly situated persons for promotion. It is also not in dispute that in terms of paragraph 51.25 of the Vth Pay Commission Recommendations, 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. Therefore, it is not possible to find any flaw in the direction given by the High Court. The special leave petition is accordingly dismissed.
Since the time fixed by the High Court for compliance of the direction given by it has already expired, we direct the petitioners to do the needful within four weeks from today.23 O.A No. 3309/2023
Item 53 (C-3) Similar order shall be passed for all similarly situated persons despite the fact that they may not have approached the High Court questioning the order passed by the Tribunal. This direction is being given to avoid further litigation in the matter."
8. We are inclined to follow the aforesaid decision of the Hon'ble Apex Court. The respondents are directed to consider promoting the applicants w.e.f. their respective dates as has been mentioned in the list quoted above. This exercise should be completed within a period of 12 weeks from the date of receipt of a certified copy of this order. Needless to mention that the applicants would be entitled to all the notional benefits like fixation of pay and allowances and seniority. However, there will be no payment of any arrears of pay and allowances on the principle of 'No work no pay'. There shall be no order as to costs.
Pending MAs if any are also disposed of accordingly. There shall be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/