Central Administrative Tribunal - Allahabad
Dr Chitra Yadav vs Union Public Service Commission on 16 February, 2026
OA No. 1143 of 2013
(Reserved on 10.02.2026)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad, this the 16th day of February, 2026
Original Application No. 1143 of 2013
Hon'ble Mr. Justice Om Prakash VII, Member (Judicial)
Hon'ble Mr. Mohan Pyare, Member (Administrative)
Dr. Chitra Yadav, Aged about 46 Years, W/o Sri G. P. Yadav, working as
Research Assistant (Org. Chemistry), National Sugar Institute, Kanpur. R/o
House No.E-3, NSI Campus, Kalyanpur, Kanpur Nagar.
....Applicant
By Advocate: Shri L.M. Singh
Shri M.K. Yadav
Shri S.K. Yadav
Versus
1. Union of India, through the Secretary, Consumer Affairs, Food &
Public Distribution, Department of Food & Public Distribution, Krishi
Bhawan, New Delhi.
2. The Chairman, Union Public Service Commission, Dhaulpur House,
New Delhi.
3. The Director, National Sugar Institute, Department of Food, Ministry
of Food & Civil Supplies, Government of India, Kanpur.
....Respondents
By Advocate: Shri Praveen Shukla
Shri Prashant Mathur
ORDER
By Hon'ble Mr. Mohan Pyare, Member (Administrative):
Shri L.M. Singh, Shri M.K. Yadav and Shri S.K. Yadav, learned counsel for the applicant and Shri Praveen Shukla and Shri Prashant Mathur, learned counsel for the respondents are present.
2. By means of this OA, the applicant has sought the following reliefs :
" 8.la Issue an order or directions calling for the records pursuant to which the order impugned dated 15.10.2013 (Annexure A-la) has been passed by the respondent No.1 and quash the same.
RAJEEV KUMAR MISHRA Page 1 of 13 OA No. 1143 of 2013 8.2a Issue an order or directions to the respondents to convene the DPC and consider promotion of the applicant in term of law laid down by the Honle Principal Bench in the matter of Shailendra Bhat, and Dr. Sudhanshu Mohan with all consequential benefits.
2. Issue a writ, orders or directions in the nature of mandamus commanding the respondents to consider and promote the Applicant over the post of Junior Scientific officer in National Sugar Institute, Kanpur in accordance with Recruitment Rules in-vogue in as much as the ratio of law laid down by the Hon'ble Principal Bench in the case of Shailendra Bhatt (Supra), without all consequential and financial benefits.
3. Issue any or other and further writ, order or directions which this Hon'ble court may deem fit and proper in the facts and circumstances of the case.
4. Award the cost of the Original Application to the Applicant."
3. The applicant has filed this OA to challenge the notification published by Respondent No. 2 in Employment News dated 24-30 August 2013 for direct recruitment to the post of Junior Scientific Officer (Organic Chemistry) without considering eligible in-service staff for promotion, which is contrary to the Recruitment Rules. The applicant holds a Postgraduate degree in Chemistry with specialization in Organic Chemistry and a Ph.D. in Carbohydrate Chemistry. She was appointed as a Research Assistant in 1991 at the National Sugar Institute, Kanpur. The post of Junior Scientific Officer is the next higher post of Research Assistant. Despite completing 22 years of service, she has not received any regular promotion, though she was granted two financial up-gradations under the ACP/MACP Scheme and is presently drawing Pay Band-3 with Grade Pay of Rs. 5400/-, which is the same pay scale as that of a Junior Scientific Officer. It is submitted that it is a settled principle of law that promotion cannot be claimed as a matter of right. However, every eligible employee has a right to be considered for promotion in accordance with the law. The Hon'ble Supreme Court in several cases, including Raghunath Prasad Singh v. Secretary, Home Department, Government of Bihar (AIR 1988 SC 1033), Council of Scientific & Industrial Research v. K.G.S. Bhatt (AIR 1989 SC 1972), and Dr. O.Z. Hussain v.
RAJEEV KUMAR MISHRA Page 2 of 13 OA No. 1143 of 2013 Union of India (AIR 1990 SC 311), has emphasized that providing promotional avenues is essential to maintain efficiency, morale, and proper career development in service. In the present case, the applicant possesses the required qualifications for the post of Junior Scientific Officer, has been performing similar duties, and is already drawing the same pay scale. The post has been lying vacant since 2010 after the promotion of Dr. Shailendra Bhatt. The applicant submitted representations dated 07.09.2012 and 06.08.2013 seeking promotion, stating that her case is similar to that of Dr. Bhatt, especially since the intermediary post of Senior Research Assistant was abolished. However, instead of considering her for promotion, the respondents proceeded to fill the vacant post through direct recruitment via UPSC and issued the impugned notification. The respondent no. 1 rejected the applicant's representation by order dated 15.10.2013 without properly considering the existing Recruitment Rules and the law laid down by the Hon'ble Principal Bench in the case of Dr. Shailendra Bhatt. The order wrongly stated that action to fill the post of Junior Scientific Officer (Organic Chemistry) by composite method (deputation plus promotion) had been initiated through the advertisement dated 22-28 October 2011. Although the applicant had applied and was called by UPSC for a personal interaction, the said advertisement was mainly for deputation and not for regular promotion, and no Departmental Promotion Committee (DPC) was ever constituted to consider eligible departmental candidates as required under the rules. For promotion, only consultation with UPSC is required. The findings in the order dated 15.10.2013 are therefore contrary to the Recruitment Rules, 2007. The respondents have withdrawn the impugned notification dated 24- 30 August 2013 on 03.01.2024. the applicant, despite having the required qualifications including a Ph.D. and rendering 32 years of service in the feeder post of Research Assistant, has not been granted any regular promotion. Denial of promotional opportunity for such a long period is RAJEEV KUMAR MISHRA Page 3 of 13 OA No. 1143 of 2013 arbitrary and violative of Articles 14 and 16 of the Constitution of India. Hence this OA.
4. Learned counsel for the respondents has refuted the claim of the applicant by filing a counter affidavit and has submitted that the applicant has been awarded first financial up-gradation under ACP Scheme in the pay scale of Rs.8000-13500/- w.e.f. 04.03.2003 and second financial up- gradation under MACP Scheme in the pay scale of Rs.15600-39100/- w.e.f. 04.03.2011. It is submitted that as per the existing Recruitment Rules, 2007, the post of Junior Scientific Officer (Organic Chemistry) is to be filled up through Composite Method i.e. Deputation (including short term contract) plus promotion, failing which by direct recruitment. In the existing Recruitment Rules, 2007, a provision for promotional avenue of Departmental Research Assistant (Organic Chemistry) with thirteen years working experience has been made. The provision in this regard as per Recruitment Rules, 2007 is as under:-
"The Departmental Research Assistant (Organic Chemistry) in the pay scale of Rs.4500-7000/- with thirteen years' regular service in the grade will also be considered along with deputationists. In case, he/she is selected for appointment to the post the same shall be deemed to have been filled by promotion".
The applicant applied for the post of JSO(OC) along with others and she was also called for interview/personal talk by the Union Public Service Commission held on 10.7.2012. But she was not selected for the post by the UPSC as she was not found fit for appointment on promotion basis to the post of Junior Scientific Officer. It is submitted that the applicant is drawing the salary at present in the pay scale of Rs. 15600-39100/- with Grade Pay of Rs.5400/- in PB-3 w.e.f. 4.3.2011 after award of second MACP. Regarding promotion of the applicant as per the verdict given in OA No.1275/1991 filed by Dr. S. Bhatt, it is submitted that there was no promotional avenue available to Dr. S. Bhatt, SRA(OC). Therefore, composite method was RAJEEV KUMAR MISHRA Page 4 of 13 OA No. 1143 of 2013 introduced in the recruitment rules for the post of JSO(OC) amended in the year 1994. It is submitted that two representations dated 07.09.2012 and 06.08.2013 submitted by the applicant have been duly considered and disposed off, as per the directions of the Tribunal dated 11.9.2013 by a speaking order dated 15.10.2013. It is further submitted that the respondents have taken action to fill up the vacant post of Junior Scientific Officer (OC) on the basis of Recruitment Rules, 2007. It is further submitted that the respondents have already considered the case of applicant for promotion while filling up the vacant post of JSO(OC) following the first mode of selection i.e. composite (deputation(including short term contract) plus method promotion). Since the aforesaid process became futile, the action to fill up the post on recruitment basis has been initiated as per the existing Recruitment Rules, 2007 of JSO (OC). On the basis of above discussion, he has submitted that the relief claimed by the applicant is devoid of merit and deserves to be dismissed and accordingly the OA should also be dismissed.
5. In rejoinder affidavit, the applicant has reiterated the similar facts as given in the OA and added that the Applicant has completed 22 years of service, but she could not be granted any regular promotion, whereas she is successfully discharging the duties of JSO, since 2010, falling vacant on account of retirement of regular JSO. It is further submitted that the Advertisement in question was for appointment on deputation basis including the departmental candidates. The UPSC has nothing to do with regards to considering the promotion of the candidates of feeder cadre. As per Recruitment Rules, 2007, the DPC has to be constituted who has to consider the eligibility criteria of the Departmental Candidates and recommend their name if found fit.
RAJEEV KUMAR MISHRA Page 5 of 13 OA No. 1143 of 2013
6. Learned counsel for the respondents has filed the supplementary counter affidavit, in which they have submitted that vide letter dated 18.12.2023, the Respondent No.2 advised the respondent No.1 to withdraw the requisition for the subject post and as and when the court case gets finalized a fresh requisition may be sent to the commission to fill up the subject post as per new RRs. Thereafter, Respondent No.1 vide letter dated 03.01.2024 has withdrawn the requisition on advice of UPSC for recruitment to the post of Junior Scientific Officer (Organic Chemistry) by Direct Recruitment. In this regard, the UPSC vide letter dated 13.02.2024 informed that cancellation notice has been uploaded on Commission's Website on 12.01.2024.
7. Learned counsel for the applicant has filed supplementary rejoinder affidavit, in which it is submitted that it is not in dispute that the Departmental Research Assistant (Organic Chemistry) in the Pay Scale of Rs.4500-7000/- with thirteen years regular services will also be considered along with the deputationist. In case the Departmental Research Assistant (Organic Chemistry) is selected for appointment shall be deemed to have been filed by promotion. Moreover, if the Departmental Research Assistant (Organic Chemistry) is not selected in the selection proceedings of deputationist, then it should be filed by promotion by the duly constituted 3 members Promotion Committee comprising of Joint - Secretary, Ministry of Consumer Affairs, Food and Public Distribution (Chairman), Director/ Deputy Secretary, Ministry of Consumer Affairs, Food and Public Distribution (Member) and Director, National Sugar Institute, Kanpur. Admittedly, the respondents have processed to fill-up the post by direct recruitment, but without processing to fill-up the post by promotion, provided under the Recruitment Rules, 2007.
RAJEEV KUMAR MISHRA Page 6 of 13 OA No. 1143 of 2013 It is submitted that the process of selection to have been adopted by the UPSC to make selection for appointment on deputation. The applicant has also participated. As per rule, if the applicant was found fit for appointment amongst the deputationists, her appointment would be treated as promotion. However, her right to promotion cannot be stopped merely by appearing in the said proceeding and gives liberty to the department to proceed to make direct recruitment. Proceeding initiated through the advertisement referred under para reply is absolutely against the rules.
8. We have heard the rival submission and gone into the documents annexed with the OA.
9. The speaking order passed by respondents dated 15.10.2013 is reproduced as below :-
No. A-12034/2/2013-SA Government of India Ministry of Consumer Affairs, Food & Public Distribution Department of Food & Public Distribution Krishi Bhavan, New Delhi Dated, the 15th October, 2013 ORDER Subject: Representations dated 7.9.2012, 6.8.2013 and 21.9.2013 from Dr. Chitra Yadav Research Assistant (Organic Chemistry), National Sugar Institute, Kanpur.
Whereas Dr. Chitra Yadav, Research Assistant (Organic Chemistry), National Sugar Institute, Kanpur has filed OA No,1143/2013 in the Hon'ble Central Administrative Tribunal. Allahabad Bench, Allahabad and the Hon'ble CAT in its interim order passed in the said OA on 11.09.2013 (certified copy received on 23.9.2013 in National Sugar Institute, Kanpur) has passed, inter- alia, the following order "Taking into account the submissions made by the counsel for the applicant as well as the relevant promotions of Recruitment Rules relating to the post of Junior Scientific Officer (Organic Chemistry), we are of the view that the pending representations dated 7.9.2012 and 6.8.2013 of the applicant should be decided within a period of one month from the date of receipt of a certified copy of this order. The RAJEEV KUMAR MISHRA Page 7 of 13 OA No. 1143 of 2013 result for the post of Junior Scientific Officer (Organic Chemistry) advertised by the UPSC through its advertisement dated 12/2013 should not be declared and would be contingent upon the outcome of this Original Application".
And whereas Dr. Chitra Yadav, Research Assistant (Organic Chemistry) in her representutions dated 7.9.2012 and 6.8.2013, addressed to Secretary, Department of Food and Public Distribution has raised the following points:
(i)That initially the channel of promotion in this cadre was RA Sr. RAJSCO-
Assistant Professor - Professor. Subsequently, the post of Sr. RA was abolished in the year 1995-96 and presently, RA is in the direct next feeder channel of JSO.
(ii) That besides discharging the duties of RA, she has been also entrusted the jobs earmarked to other senior posts which mainly includes taking lectures and practical classes of the students who are pursing Associate ship course in Sugar Technology/Alcohol Technology and other short term courses.
(iii)That as per existing Recruitment Rules, post of JSO is to be filled up through deputation-cum-promotion (composite method) failing which by Direct Recruitment, and the composite method has been exhausted and she could not be selected by UPSC as the selection procedure adopted by UPSC was as competitive as followed for DR process ignoring her past service experience of 21 years and additional qualification which is quite enough than earmarked for the post of JSO.
(iv)That as now it has been proposed to fill up the JSO post through Direct Recruitment mode and that she has already attained the age of 47 years, as such, being age-bar, she will not be eligible to apply for the said vacant post JSO, if filled through Direct Recruitment mode besides, fulfilling all other eligibility criterion for appointment to the said post. That the minimum qualification for the RA post is post graduation in Chemistry with specialization in Organic Chemistry and carries the pay scale of PB-1 (5200-20200) with grade pay of Rs.2800, whereas the Sixth Pay Commission has recommended minimum grade pay of Rs.4200 under PB-2 (9300-34800) for the posts where Post Graduation is prescribed as the Essential Qualification. As per DOPT's instructions, the incumbent of Group C post (RA) having grade pay Rs.2800 may not be considered for promotion directly to Group A post of JSO having grade pay of Rs 5400 but the present promotional channel says so as the intermediate post of SRA has already been abolished during the year 1995-96 itself.
That she is already drawing the salary of JSO since 2003 on being awarded financial un-gradation under ACP scheme of the Government of India. Thus, on considering her promotion to the post of JSO will not only solve the problem of the Ministry by gainfully utilizing her services but the problem of individual also, that too without any financial repercussion to the Government. This will also avoid the Ministry to treading other paths for recruiting an inexperienced person to this post.
Dr Chitra Yadav in her representations dated 17.9.2012 and 6.8.2013 has requested to (a) amend the Recruitment Rules of JSO (Organic Chemistry) to incorporate a separate promotion category besides Deputation and Direct Recruitment prior to filling up the post through Direct Recruitment; (b) amend the grade pay of the RA post from Rs.2800 to Rs.4200 as per recommendation of Sixth Pay Commission; and (c) to reconsider her candidature for promotion to the post of Junior Scientific Officer (Organic Chemistry).
And whereas Dr. Chitra Yadav. Research Assistant (Organic Chemistry) has further submitted a representation dated 21.9. 2013, addressed to Secretary, Department of Food and Public Distribution, New Delhi in which she has requested to consider her promotion over the post of Junior RAJEEV KUMAR MISHRA Page 8 of 13 OA No. 1143 of 2013 Scientific Officer (Organic Chemistry) at National Sugar Institute, Kanpur and not to finalise the selection proceedings so initiated for this post in pursuance of the Notification No.12/2013 published in Employment News dated 24.8.2013 to 30.8.2013.
Whereas on going through the records available in this Department and the facts reported by NSI, the position on the above points raised by Dr. Chitra Yadav is as under:
(i)The post of Senior Research Assistant (Organic Chemistry) at National Sugar Institute, Kanpur was abolished in 1994, as a result of recommendations of Internal Work Study Unit. Consequent upon abolition of the post of Senior, Research Assistant (Organic Chemistry), the Recruitment Rules to the post of Junior Scientific Officer Organic Chemistry) were revised and notified in 2007. As per these revised Recruitment Rules to the post of JSO(OC), the method of recruitment is composite method i.e. Deputation(including short term contract) plus promotion, failing which by direct recruitment, in terms of which the Departmental Research Assistant (Organic Chemistry) in the pay scale of Rs.4500-7000/- (pre-revised) with thirteen years regular service in the grade will also be considered along with deputationists and in case the departmental RA(OC) is selected for appointment to the post the same shall be deemed to have been 'filled by promotion.
As such provision of promotional avenues is available for the post of Research Assistant (Organic Chemistry) as per the existing Recruitment Rules for the post of Junior Scientific Officer (Organic Chemistry) notified in 2007.
(ii)Dr. Chitra Yadav is performing the duties of taking lectures and practical classes as per the duties earmarked for the post of Research Assistant. Therefore, the contention of Dr. Chitra Yadav that she is entrusted the jobs earmarked to other senior posts is not correct.
(iii)As indicated above, as per existing Recruitment Rules for the post of Junior Scientific Officer(Organic Chemistry), the method of recruitment is composite method i.e. Deputation (including short term contract) plus promotion, failing which by direct recruitment.
The action to fill up the post of Junior Scientific Officer (Organic Chemistry) by composite method (deputation/plus promotion) was initiated vide advertisement published in Employment News dated 22-28 October 2011 issue, inviting applications for filling up the post. Against the above advertisement, Dr. Chitra Yadav, Research Assistant (Organic Chemistry), National Sugar Institute, Kanpur also applied for the said post of Junior Scientific Officer(Organic Chemistry) and she was called for personal talk by the Union Public Service Commission on 10.7.2012 vide their letter No F.3/36(2)/2012-ADT-1 dated 18.6.2012. Dr Chitra Yadav appeared before UPSC for the personal talk on 10.7.2012 UPSC Vide their letter No.F.3/36(2)/2012- ADT-1 dated July 2012 informed that on the basis of assessment of available ACRs and bio-date of the eligible officer (Dr. Chitra Yadav) and after holding personal talk with her on 10.7.2012, UPSC did not find her fit for appointment on promotion basis to the post of Junior Scientific Officer (Organic Chemistry) in PB-J: Rs 15,600-39100/- plus grade pay of Rs.5400/- at NSI. Kanpur.
Therefore, Dr Chitra Yadav has already been considered, for selection to the post of Junior Scientific Officer (Organic Chemistry) while making efforts to fill the post through composite method (deputation/plus promotion). Further, Dr. Chitra Yadav cannot claim "promotion" as a matter of right.
(iv)The method of recruitment to the post of Junior Scientific Officer (Organic Chemistry) is composite method i.e. Deputation (including short term contract) plus promotion, failing which by direct recruitment. As the action to RAJEEV KUMAR MISHRA Page 9 of 13 OA No. 1143 of 2013 fill up the post by composite method initiated during the year 2011 failed/became infructuous (as nobody could be selected by UPSC for the post), action to fill up the post of Junior Scientific Officer (Organic Chemistry) by direct recruitment prescribed in the Recruitment Rules for the post under the failing which clause has been initiated and the requisition/proposal to fill up the post on direct recruitment basis has been submitted to UPSC vide this Department's letter Νo.Α-12025/18/2013-SA dated 12.7.2013. This post has been advertised by UPSC in the Employment News Dated 24-30 August 2013 issue vide advertisement No. 12/2013.
v). Since there is only one post of Research Assistant(Organic Chemistry) and one post of Junior Scientific Officer (Organic Chemistry) at National Sugar Institute, Kanpur, the composite method of recruitment. i.e. deputation(including short term contract) plus promotion, failing which by direct recruitment has been prescribed in the Recruitment Rules wherein specific provision for consideration of departmental Research Assistant (Organic Chemistry) for promotion to the next higher post also exist. As such the question of amendment of recruitment rules, as requested by Dr. Chitra Yadav, does not arise.
As regards granting of higher grade pay i.e. from Rs.2800/- to Rs.4200/- to Dr. Chitra Yaday, it is mentioned that Sixth Pay Commission has not made specific recommendation for grant of higher grade pay of Rs.4200/- to the post of Research Assistant (Organic Chemistry) in National Sugar Institute, Kanpur. The Vth Central Pay Commission also in its recommendations had recommended the replacement scales only, for various posts in National Sugar Institute, Kanpur. As such the request for grant of pay scale of Rs.5500- 9000/- w.e.f. 1.1.996 to Research Assistants and Technical Assistants of NSI, Kanpur was not agreed to by the Department However, Shri Mool Chandra and others, including Dr. Chitra Yadav, has filed OA No.542/2010 before the Hon'ble CAT, Allahabad Bench, Allahabad, in which it has, inter alia, been requested for grant of pay scale of Rs.5500-9000/- w.e.f 1.1.1996 to Research Assistant and Technical Assistant, NSI, Kanpur, on the basis of Vth Pay Commission recommendations. The matter is subjudice before the Hon'ble CAT.
vi) Though Dr. Chitra Yadav, Research Assistant (Organic Chemistry) is drawing the salary of the post of Junior Scientific Officer (Organic Chemistry) in Pay Band -3: Rs.15600-39100/- with grade pay of Rs.5400/- (pre-revised pay scale of Rs.8000-13500/-) under financial up-gradation awarded as first ACP w.e. 4.3.2003, any action to fill up the post of Junior Scientific Officer (Organic Chemistry) can only be taken by the Department as per the extant instructions and existing recruitment rules to the said post.
Therefore, the requests of Dr. Chitra Yadav for amendment in Recruitment Rules to the Post of Junior Scientific Officer (Organic Chemistry) with a view to incorporate a separate promotion category besides deputation and direct recruitment in the recruitment rules and to reconsider her candidature for promotion to the post of Junior Scientific Officer (Organic Chemistry) cannot be acceded to. Matter regarding grant of higher pay scale is subjudice. With this, the representations dated 7.9.2012, 6.8.2013 and 21.9.2013 from Dr. Chitra Yadav stands disposed off. This issues with the approval of Secretary (F&PD).
10. The relevant service rule for Junior Scientific Officer (Organic Chemistry) is reproduced as below :-
RAJEEV KUMAR MISHRA Page 10 of 13 OA No. 1143 of 2013 1 2 3 4
3. Junior Scientific 01*(2007) General Central Rs.8000-275-13500.
Officer Service Group 'A'
(Organic Subject to variation Gazetted, Non-
Chemistry) dependent upon Ministerial.
work-load.
5 6
Not applicable No
7 8
Not exceeding 35 years. Essential :
(Relaxable for government servants upto 1. Post Graduate degree in Chemistry five years in accordance with the with specialisation in Organic Chemistry instructions or orders issued by the from a recognised University/Institute or central government) equivalent.
Note 1: The crucial date for determining 2.Three years' research and teaching the age-limit shall be the closing date for experience at degree level, in Organic receipt of applications from candidates in Chemistry.
India and not the closing date prescribed for those in Assam, Meghalaya, OR Arunachal Pradesh, Mizoram, Manipur, Doctorate in Organic Chemistry, from a Nagaland, Tripura, Sikkim, Ladakh recognised University. division of Jammu and Kashmir state, Lahaul and Spiti District of Pangi sub- Desirable:
division of Chamba district of Himachal 1. Research experience in Carbohydrate Pradesh, Andaman and Nicobar Islands Chemistry; or and Lakshadweep. 2. Experience of guiding research work;
Note 1: Qualifications are relaxable for reasons to be recorded at the discretion of the Union Public Service in case of candidates otherwise well qualified.
Note 2: The qualification(s) regarding experience is/are relaxable at the discretion of the Union Public Service. In case of candidate belonging to Scheduled Castes or Scheduled Tribes, if at any stage of selection, the Union Public Service Commission is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the posts reserved for them.
9 10 Age: No One year for direct recruits and promotees.
Educational Qualifications: Yes However, these educational qualifications will not apply to the incumbent holding the post of Research Assistant (Organic Chemistry) on the date of notification of these rules.
11 12 Composite Method: Deputation (including short term contract) plus promotion:-
Deputation (including short term contract) plus promotion, failling which Officers of the Central/State by direct recruitment. Government/Universities/Recognised RAJEEV KUMAR MISHRA Page 11 of 13 OA No. 1143 of 2013 Research Institutes/Public Sector Undertakings/Semi-
Government/Autonomous or Statutory organisations:
(a) (i) holding analogous posts on a regular basis in the parent cadre/department; or
(ii) with eight years' service in the grade rendered after appointment thereto on a regular basis in the scale of pay Rs.5500- 9000 or equivalent in the parent cadre/department; or
(iii) with thirteen years' in the grade rendered after appointment thereto on a regular basis in the scale of pay Rs. 4500- 7000, or equivalent; and
(b) possessing the educational qualifications and experience prescribed for direct recruits under column 8.
Note 1: The Departmental Research Assistant(Organic Chemistry) in the pay scale of Rs.4500-7000 with thirteen years' regular service in the grade will also be considered along with deputationists. In case, he/she is selected for appointment to the post the same shall be deemed to have been filled by promotion.
Note 2: The departmental officers in the feeder category who are in the direct line of promotion will not be eligible for consideration for appointment on deputation. Similarly, deputationists shall not be eligible for consideration for appointment by promotion.
(Period of deputation(including short term contract), including the period of deputation(including short term contract) in another ex-cadre post held immediately preceding this appointment in the same or some other organisation/department of the Central Government shall ordinarily not to exceed three years. The maximum age limit for appointment by transfer on deputation (Including short term contract) shall not be exceeding 56 years as on the closing date of the receipt of the applications.
11. The applicant in her representation dated 07.09.2012 requested to reconsider her candidature for promotion to the post of Junior Scientific Officer (Organic Chemistry) through the standard procedure of selecting a candidate on promotional post either in terms of existing RR conditions or by making suitable amendment in the recruitment rules making separate category for selection of candidates through Deputation and promotion. A RAJEEV KUMAR MISHRA Page 12 of 13 OA No. 1143 of 2013 minute analysis of the above request of applicant reveals that she is claiming promotion after making suitable amendment in the recruitment rule conditions. It appears that the applicant is aware that existing recruitment rule conditions are not favourable to help her. As existing recruitment rule is composite for deputation plus promotion. It means if an outsider is considered for Junior Scientific Officer, he should have been working in the same cadre or should have necessary qualification. The recruitment rule allows departmental candidate also to take part in the same procedure but departmental candidate shall be considered for even deputation which shall be treated as promotion. In the present case, the candidature of the applicant has been considered on the composite method in accordance with recruitment rules and being a departmental candidate her deputation was to be considered as promotion. The applicant was not found fit for promotion and hence her candidature was rejected. The same has been exhausted. We do not find any infirmity in the impugned order dated 15.10.2013. Her request for amendment in recruitment rule to the post of Junior Scientific Officer (Organic Chemistry) to incorporate a separate promotion category beside deputation and direct recruitment has been rejected by a speaking and detailed order. There is no infirmity and illegality in the impugned order. The applicant has failed to establish her claim. The OA is liable to the dismissed and is accordingly dismissed. No order as to costs.
12. All MAs pending in this O.A. also stand disposed off.
(Mohan Pyare) (Justice Om Prakash VII)
Member(Administrative) Member(Judicial)
RKM/
RAJEEV KUMAR MISHRA
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