Kerala High Court
The Rubber Board vs S. Veeraputhran on 15 September, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
WA.No.484 OF 2018
AGAINST THE ORDER/JUDGMENT IN WPC 31887/2014 DATED 11-01-2018 OF
HIGH COURT OF KERALA
APPELLANT:
THE RUBBER BOARD
REPRESENTED BY ITS SECRETARY,COLLECTORATE P O,
KOTTAYAM.
BY ADVS.
SRI.JOSEPH MARKOSE (SR.)
SRI.V.ABRAHAM MARKOS
SRI.ABRAHAM JOSEPH MARKOS
SRI.ISAAC THOMAS
RESPONDENTS:
1 S. VEERAPUTHRAN
AGED 48 YEARS, S/O.T.SUBRAMANIAM,SCIENTIST(ECONOMICS)
(SCIENTIST B),ECONOMIC RESEARCH DIVISION,RUBBER
RESEARCH INSTITUTE OF INDIA, RUBBER BOARD, RUBBER
BOARD P O, KOTTAYAM-686009, (RESIDING AT QUARTER
NO.4/6,RRII CAMPUS, RUBBER BOARD P O, KOTTAYAM-
686009)
2 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
INDIA,MINISTRY OF COMMERCE & INDUSTRY, UDYOG
BHAVAN,NEW DELHI-110011.
R1 BY ADV. SRI.R.REJI KUMAR
R2 BY ASSISTANT SOLICITOR GENERAL
R1 BY ADV. SRI.T.SANJAY
R2 BY SMT.O.M.SHALINA, CGC
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07-09-2020, ALONG
WITH WP(C).20366/2015(U), THE COURT ON 15-09-2020 DELIVERED THE
FOLLOWING:
W.A.No.484/2018 & W.P.(C)No.20366/2015 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
WP(C).No.20366 OF 2015
PETITIONERS:
1 TOMS JOSEPH
AGED 53 YEARS
JT.DIRECTOR,(ECONOMICS)PLANNING DIVISION, RUBBER
BOARD, KOTTAYAM 686002
2 BINNI CHANDY
SENIOR SCIENTIST(ECONOMICS), RUBBER RESEARCH
INSTITUTE OF INDIA, KOTTAYAM, 686009
BY ADVS.
SRI.ASOK M.CHERIAN
SRI.K.JANARDHANA SHENOY
SRI.V.K.PRASAD
SRI.T.R.RENJITH
SRI.R.ROHITH
SRI.V.N.RAJAPPAN
RESPONDENTS:
1 RUBBER BOARD
REPRESENTED BY ITS SECRETARY, SUB JAIL ROAD, KOTTAYAM
686002
2 UNION OF INDIA
REPRESENTED BY SECRETARY TO ITS GOVERNMENT DEPARTMENT
OF COMMERCE,MINISTRY OF COMMERCE AND
INDUSTRY,GOVERNMENT OF INDIA, NEW DELHI 110001
3 THE DIRECTOR
DEPARTMENT OF PERSONNEL AND TRAINING MINISTRY OF
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, GOVERNMENT
OF INDIA, UDYOG BHAVAN, RAFI MARG, NEW DELHI 110001
W.A.No.484/2018 & W.P.(C)No.20366/2015 3
4 THE SECRETARY
GOVERNMENT OF INDIA, DEPARTMENT OF SCIENCE AND
TECHNOLOGY, TECHNOLOGY PARK, NEW DELHI 110016
R1 BY ADV. SRI.V.ABRAHAM MARKOS
R1 BY ADV. SRI.ABRAHAM JOSEPH MARKOS
R1 BY ADV. SRI.BINU MATHEW
R1 BY ADV. SRI.P.L.VENUKUMAR CGC
R1 BY ADV. SRI.ISAAC THOMAS
R1 BY ADV. SRI.NOBY THOMAS CYRIAC
R1 BY ADV. SRI.TOM THOMAS KAKKUZHIYIL
R2 BY ADV. SRI.P.L.VENUKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-09-
2020, ALONG WITH WA.484/2018, THE COURT ON 15-09-2020 DELIVERED
THE FOLLOWING:
W.A.No.484/2018 & W.P.(C)No.20366/2015 4
JUDGMENT
[ WA.484/2018, WP(C).20366/2015 ] Dated this the 15th day of September 2020 Gopinath, J.
The short question that arises for consideration in these cases is this
- Are persons like the 1st respondent in W.A 484/2018 and the petitioners in the connected Writ Petition namely W.P(c) 20366/2015 who work in the Rubber Board in the field of Economics and designated as Scientists entitled to claim the benefit of a scheme known as the 'Flexible Complementing Scheme'?
2. W.A.No.484/2018 arises out of the judgment dated 11.01.2018 in W.P.(C)No.31887/2014 where the Learned Single Judge had directed that the benefit of the 'Flexible Complementing Scheme' (hereinafter referred to as 'FCS'). W.P.(C)No.20366/2015 is tagged along with W.A.No.484/2018 for hearing as it raises an identical question and on account of a reference order dated 20.5.2019 in that Writ Petition. For the sake of clarity, the employees claiming the benefit of FCS including the 1st respondent in W.A 484/2018 are hereinafter referred to as 'Writ Petitioners' unless otherwise indicated and the Rubber Board, the appellant in W.A 484/2018 and the 1st respondent in W.P.(C)No.20366/2015 will be referred to hereinafter as the 'Rubber Board'. The exhibits referred to as are they appear in W.A.No.484/2018 & W.P.(C)No.20366/2015 5 W.P.(C)No.31887/2014 out of which W.A 484/2018 arises unless otherwise indicated.
3. The 'Flexible Complementing Scheme' was introduced by the Government of India in the Department of Personnel and Training on 9 th November 1998 following the recommendations of the 5th Central Pay Commission. This scheme was extended to the commodity boards including the Rubber Board on 6.7.2006. The FCS, as is evident from a reading of the same, is a Scheme intended to foster scientific and technical developments in Scientific and Technical organizations of the Government of India which are engaged in scientific activities and programmes. The Scheme, which is on record as Ext.P2 provides that FCS should, as per its original objective, be made applicable only to Scientists and Technologists holding scientific posts in Scientific and Technology related Departments and to those who are engaged in scientific activities and services. It is further provided that the assessment norms of promotion under the FCS should be rigorous with due emphasis on evaluation of scientific and technical knowledge so that only the scientists who have to their credit demonstrable achievements or higher level of technical merit are recommended for promotion under the FCS. Annexure-I, which forms part of Ext.P2, sets out the scientific activities and services covered for grant of FCS as under:-
"(a) Fundamental/basic research: Original Investigation to gain new scientific knowledge, not necessarily directed towards any specific practical aim or application.
(b) Applied Research: Original investigation to gain new scientific W.A.No.484/2018 & W.P.(C)No.20366/2015 6 or technical knowledge directed towards a specific practical aim or objective.
(c) Experimental Development: Use of scientific knowledge directed towards producing new or substantially improved materials, devices, products, processes, systems or services.
(d) S & T activities which are directly linked to R&D in terms of promoting the scientific activities and services."
Annexure-I also indicates that the scheme applies to Scientists, Engineers and other persons, who possess the following qualifications and work in the following capacities:-
"(a) who possess academic qualification of at least Master's degree in Natural/Agricultural Sciences or Bachelor's Degree in Engineering/Technology/Medicine; and
(b) working in those capacities, use or create scientific knowledge, and engineering and technological principles, i.e., persons with scientific or technological training who are engaged in professional work on S &T activities, high level administrators and personnel who plan, direct or coordinate the execution of S & T activities."
A Scientific Post has been defined Annexure-1, in the following manner:-
"Scientific Post is the one, the incumbent of which is a 'Scientist or Engineer' defined above in a scientific institution/organisation declared as 'Scientific Department' as defined and is engaged in the generation, advancement, dissemination and application of scientific and technical knowledge in the S &T activities."
3. It appears that the writ petitioner in W.P (C) 31887/2014 was considered for promotion under FCS but did not qualify on account of certain cut off marks fixed by the Board/Assessment Committee for promotion placement under FCS. The prescription of such cut off marks was challenged in the Writ Petition. It was contended that no rule or authority permits the fixation of cut off marks vide Ext.P6 proceedings, which are referred to as 'Rules for Assessment Promotion of Scientists W.A.No.484/2018 & W.P.(C)No.20366/2015 7 under FCS' as approved by the Rubber Board. In the counter affidavit filed by the Rubber Board in the Writ Petition, two specific contentions were taken up. The first was that during the relevant period for which assessment was made the writ petitioner was on non-scientific deputation for 1 year and 4 months from 31.07.2007 to 10.11.2008. It was pointed out that this period had to be reduced from the residency period and since after such reduction, the residency period of the writ petitioner is only 6 years and 2 months he ought to have scored a minimum grade of 65% to be promoted to the next grade under FCS. Further contention was that the qualification of the writ petitioner revealed that he was not at all eligible for the benefit of the FCS, as the Scheme applies only to persons having Master's Degree in Natural Science/Agricultural Science or Bachelor's Degree in Engineering/Technology/Medicine and also engaged in scientific activities and services. Reliance in this regard was placed on an office memorandum issued by the Department of Personnel and Training, which is produced as Ext.R2(c).
4. On a consideration of the matter, the learned Single Judge concluded that the exclusion of the deputation period was illegal and since the writ petitioner had admittedly scored 63% in the evaluation, considering his residency period, including the period of deputation, he would be eligible for promotion placement under FCS. The learned Single Judge, therefore, directed reconsideration of the case of the writ petitioner for promotion under the FCS from Scientist B to Scientist C without W.A.No.484/2018 & W.P.(C)No.20366/2015 8 excluding the period of deputation and also to grant him a promotion with effect from the due date together with all consequential benefits. In so far as the petitioners in W.P.(C) 20366 of 2015 are concerned, they were granted financial up-gradation under FCS. The benefit being withdrawn they have approached this Court praying for appropriate reliefs including for a relief protecting them from any recovery proceedings in respect of benefits already granted. The specific challenge in that Writ Petition is to Ext.P8, P9 and P.10 (therein). In that Writ Petition Ext P.8 is the order dated 23.6.2015 withdrawing the benefit of FCS on the ground of the determination by the Rubber Board that the petitioners in that Writ Petition were ineligible; Ext.P9 is the Office Memorandum issued by the Department of Personnel and Training on 9 th November 1998 introducing the FCS and Ext.P10 is the Office Memorandum dated 10.9.2010, which relates to the introduction of the modified FCS (Scheme distinct from 1998 Scheme).
5. Sri. Isaac Thomas, learned Counsel appearing for the Rubber Board would contend that the provisions of Ext.P2 Scheme clearly show that the writ petitioner who was working in the field of Economics was clearly outside the scope of the FCS, as the Scheme applied only to Scientists and other Technical Officers. He would invite our attention to the Annexure-C document, which is a FAQ (Frequently Asked Questions) issued by the Department of Personnel and Training on 23.9.2011, which has been produced along with an affidavit dated 13.8.2020. where it was W.A.No.484/2018 & W.P.(C)No.20366/2015 9 indicated that persons with qualifications such as MCA, M.Sc (IT), M.Sc (Statistics), M.Sc (Mathematics) etc. are outside the scope of FCS. He would also refer to the counter affidavit filed in the Writ Petition to show that the period of deputation in a non-scientific post could not have been included for assessment under FCS. He would also strongly rely on Annexure-I, which forms part of Ext.P2, which we have extracted hereinabove to contend that the writ petitioner was not entitled to the benefit of the Scheme.
6. Sri. Reji Kumar and Sri Asok.M.Cherian the learned counsel appearing for the writ petitioners would, however, contend that the Scheme does not exclude the consideration of persons like the writ petitioners. Sri. Reji Kumar would refer to various documents which have been produced before this Court together with I.A.Nos.2/2020 and 3/2020 in W.A.No.484/2018 to contend that there are Scientists with a social science background in various Institutions/Organisations under the Central Government and that there is no rationale in excluding such persons from the purview of FCS. He would also point out with reference to Annexure-R1-(N) that the said Office Memorandum requires all Scientific Ministries/Departments to assess the appropriateness of the named educational qualifications (named educational qualifications being Master's Degree in Natural/Agricultural Science or Bachelor's Degree in Engineering Technology/Medicine) keeping in mind the mandate and functional requirements of the respective W.A.No.484/2018 & W.P.(C)No.20366/2015 10 Ministries/Departments/Organizations. If there is a requirement for the consideration of other subjects/disciplines, the said Office Memorandum requires the concerned scientific Department/Organization to submit a proposal for approval to the Department of Personnel and Training. He would also place strong reliance on Annexure-R1 (Q) (the Ministry of Earth Sciences (Scientist Group 'A' Posts) Recruitment Rules, 2012) to contend that in other Departments/Organizations subjects other than Pure Science or Technology are considered for promotion/placement under FCS. The learned counsel for the petitioners in W.P. (C)No.20366/2015 would contend that at any rate the benefit already granted cannot be recovered in the light of the principles laid down in State of Punjab and others v. Rafiq Masih (White Washer) and others; 2015(4) SCC 334.
7. We have considered the contentions raised by both sides. Based on the contentions raised, the following issues arise for determination:-
(i) Is the FCS introduced on 9.11.1998 applicable to officers other than those who may be working in the fields of pure science and technology?
(ii) If the answer to the 1st question is in the affirmative, whether the period spent on deputation to a non-scientific post is liable to be considered together with the residency period prescribed under the FCS? (This question arises only if we were to hold that the scheme would extend to persons like the writ petitioners) W.A.No.484/2018 & W.P.(C)No.20366/2015 11
(iii) Is the benefit already granted liable to be recovered from the petitioners in W.P (C) 21366/2015?
8. To answer the first issue, reference may be made to the provisions of the FCS. On 9.11.1998, based on the recommendations of the 5th Pay Central Commission, this Scheme was extended for persons working in Scientific Departments and Organizations directly under the Government of India. The Scheme was extended to the Commodity Boards like Coffee Board, Rubber Board and Spices Board in the year 2006. The writ petitioners in both these cases were indeed considered for promotion/placement under FCS despite working in the field of Economics, the only difference being that the petitioner in W.P (C) 31887/2014 did not qualify on assessment while in the case of the petitioners in W.P (C) 21366/2015 they were assessed and granted the benefits however that such benefits were later sought to be withdrawn on the ground that they were not entitled to benefits under the FCS Scheme. A reference to the extracted portions of FCS Scheme 1998 will show that the Scheme was extended to apply only to persons engaged in the Scientific/Technical development and a plain reading suggests that it was not to be extended to the field of social sciences. This is not to say that economics and other similar subjects, which are not pure science subjects, are in any manner less important than pure science subjects. However, the question as to whether the benefits of a Scheme should be extended to those Scientists working in Scientific Departments and W.A.No.484/2018 & W.P.(C)No.20366/2015 12 Organizations and engaged in research and development in the fields of pure science or whether such Scheme should cover persons like the writ petitioners also is a matter of policy which cannot be tinkered with in exercise of jurisdiction under Article 226 of the Constitution of India unless we were to find it grossly discriminatory or arbitrary. It is to be noticed that FCS is a Scheme extended to foster scientific development and technological innovations and is in addition to normal promotions, time-bound higher grade etc, which the employees are entitled to receive. We are, therefore, of the view that we cannot, by a process of interpretation, read anything into the terms of the Scheme. We must read the Scheme as it is and cannot add or alter to the provisions of the Scheme. As rightly pointed out by the learned Standing counsel for the Rubber Board, a reading of the Scheme suggests that it could not be extended to persons like the writ petitioners. The document produced as Annexure-R1-N in W.A.No.484/2018 relates to the modified FCS Scheme introduced following the recommendations of the 7 th Central Pay Commission. Be that as it may, a reading of that office memorandum also shows that the question as to whether the subjects other than Natural/Agricultural Sciences/Technologies/Medicine should be included under the FCS is a matter to be decided in consultation with the Department of Personnel and Training by the concerned Ministries/ Departments/ Organizations. In other words, the inclusion of other persons such as Scientists working in the field of Economics within the W.A.No.484/2018 & W.P.(C)No.20366/2015 13 purview of FCS considering the mandate and functional requirements of the organization in question is a matter which will have to be specifically taken up with the Department of Personnel and Training. It is admitted that the Rubber Board has not taken any such approval before considering the persons like the writ petitioners in both cases under the FCS. The contention raised by the learned counsel for the 1 st respondent in W.A.No.484/2018 with reference to Annexure-R1-Q cannot be of any help to him since the rules in question were issued by the Ministry of Earth Sciences and we are not in a position to determine whether the inclusion of persons with qualifications other than pure Science/Technology by the Ministry of Earth Sciences (even if this assertion is true) was proper or not. We cannot hold with reference to the situation in another Organization/ Department that similar treatment must be extended to persons in the Rubber Board as well. This is for the reason that by its very nature the FCS is extended to various Departments and Organizations considering the nature of the activity that they are engaged in and considering the need to foster scientific talent and to promote scientific innovations with reference to the work undertaken by that Organization/ Department.
9. Given our finding on the first issue, we do not deem it necessary to consider the second issue in these proceedings.
10. In so far as the third issue is concerned, the learned Standing Counsel for the Rubber Board would contend that though decisions have W.A.No.484/2018 & W.P.(C)No.20366/2015 14 been taken to withdraw the benefits under FCS extended to the petitioners in W.P (C) 20366/2015, no recovery has been effected so far. Given this submission, we do not deem it necessary to examine the question as to whether the recovery can be effected in respect of benefits already granted in these proceedings. If and when proceedings are taken for recovery, it will be open to the petitioners in W.P.(C)No.20366/2015 to object to such recovery, in which event recovery shall be effected only after considering those objections and issuing a speaking order. If the petitioners are aggrieved by such speaking order, it will be open to them to challenge those orders through separate proceedings.
11. In the light of the above discussion, we allow W.A.No.484/2018 by setting aside the judgment dated 11.1.2018 in W.P. (C)No.31887/2014 and consequently W.P.(C)No.31887/2014 will stand dismissed. W.P.(C)No.20366/2015 is also dismissed. In the facts and circumstances of these cases, we make no order as to costs.
sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P. JUDGE acd W.A.No.484/2018 & W.P.(C)No.20366/2015 15 APPENDIX OF WA 484/2018 PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF OFFICE ORDER NO.1002 DATED 23/06/2015 ISSUED BY THE SECRETARY IN CHARGE OF THE APPELLANT/2ND RESPONDENT.
ANNEXURE B TRUE COPY OF INTERIM ORDER DATED 07/07/2015 PASSED BY THIS HONOURABLE COURT IN WPC NO.20366/2015.
ANNEXURE-C TRUE COPY OF FAQ NO.AB-1401/35/2011-Estt (RR) DIVISION DATED 23.09.2011 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, GOVERNMENT OF INDIA RESPONDENT'S/S EXHIBITS:
ANNEXURE R1A TRUE COPY OF THE RELEVANT PAGES OF DIRECTOR OF R&D INSTITUTIONS, 2010 ISSUED BY THE DEPARTMENT OF SCIENCE AND TECHNOLOGY, MINISTRY OF SCIENCE AND TECHNOLOGY, NEW DELHI-110016.
ANNEXURE R1B LETTER NO.F 16-9(4) 2018 ESTT. DATED 29/06/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER ICAR INDIAN INSTITUTE OF SPICES RESEARCH, KOZHIKODE.
ANNEXURE R1C LETTER NO.F.12-95/15/E.I(S) 480 DATED 28/06/2019 ISSUED BY THE ASST. ADMN. OFFICER, ICAR NATIONAL DIARY RESEARCH INSTITUTE, KARNAL.
ANNEXURE R1D LETTER NO.F.1-100/ADMN/2019/351 DATED 04/07/2019 ISSUED BY THE SENIOR ADMINISTRATIVE OFFICER, ICAR INDIAN INSTITUTE OF RICE RESEARCH, HYDERABAD.
ANNEXURE R1E LETTER NO. ADMN/RTI/REQUEST/2018-19/2670 DATED 18/06/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER, ICAR CENTRAL INSTITUTE FOR COTTON RESEARCH, NAGPUR.
ANNEXURE R1F LETTER NO.734 DATED 02/07/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER, CENTRE FOR ECOLOGICAL AND NATURAL RESOURCES INSTITUTE FOR SOCIAL AND ECONOMIC CHANGE, BANGALORE.
ANNEXURE R1G LETTER NO. 28/06/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER, CENTRE FOR STUDIES IN SOCIAL SCIENCES, CALCUTTA.
ANNEXURE R1H LETTER NO.29(41) 2013 NCAP (VO.II) DATED 02/07/2019 ISSUED BY THE ADMINISTRATIVE OFFICER, ICAR, NATIONAL INSTITUTE OF AGRICULTURAL ECONOMICS AND POLICY RESEARCH, NEW DELHI.W.A.No.484/2018 & W.P.(C)No.20366/2015 16
ANNEXURE R1I LETTER NO.1024/2019 DATED 02/07/2019 ISSUED BY THE CENTRAL PUBLIC INFORMATION OFFICER, ICMR NATIONAL INSTITUTE OF RESEARCH IN TRIBAL HEALTH, JABALPUR.
ANNEXURE R1J LETTER NO.646 DATED 16/07/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER, ICMR NATIONAL INSTITUTE OF EPIDEMIOLOGY, CHENNAI.
ANNEXURE R1K LETTER NO.RTI 205/2019 DATED 15/05/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER ICMR, NATIONAL INSTITUTE OF RESEARCH IN TUBERCULOSIS, CHENNAI.
ANNEXURE R1L LETTER NO. RTI 224/2019 DATED 01/07/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER ICMR, NATIONAL INSTITUTE OF RESEARCH IN TUBERCULOSIS, CHENNAI.
ANNEXURE R1M LETTER NO.112/2019/171 DATED 23/07/2019 ISSUED BY THE PUBLIC INFORMATION OFFICER ICMR, NATIONAL INSTITUTE OF NUTRITION, CHENNAI.
ANNEXURE R1N OM NO. AB 14017/41/2013 ESTT. RR DATED 16/04/2020 DEPARTMENT OF PERSONNEL AND TRAINING, GOVERNMENT OF INDIA.
ANNEXURE R1O OM NO. A120746/6/2000-RECTT. DATED 27/07/2001 ISSUED BY THE MINISTRY OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF INDIA.
ANNEXURE R1P TRUE COPY OF LETTER DATED 1/5/BS/EST/2006 DATED 01/09/2006 ISSUED BY THE RUBBER BOARD.
ANNEXURE R1Q TRUE COPY OF THE RELEVANT PAGES (PAGE NOS.31 TO 33 AND 51 TO 54) OF GAZETTE NOTIFICATION DATED 19/09/2012 ISSUED BY THE MINISTRY OF EARTH SCIENCES, GOVERNMENT OF INDIA.
ANNEXURE R1R COMMUNICATION NO. DR/RES/29/2015 DATED 09/04/2015 ISSUED BY THE DIRECTOR OF RESEARCH, RUBBER RESEARCH INSTITUTE OF INDIA, KOTTAYAM-9.
W.A.No.484/2018 & W.P.(C)No.20366/2015 17APPENDIX OF WP(C) 20366/2015 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 P1:-A TRUE COPY OF A LETTER ISSUED BY THE DEPARTMENT OF SCIENCE AND TECHNOLOGY OF THE GOVERNMENT OF INDIA(D.O NO DST/MS/1(45)/82 DTD 14/22- 11-1983 FORWARDING GUIDELINES/NORMS, FOR THE INTRODUCTION OF FCS TO SCIENTIFIC DEPARTMENT/ORGANISATIONS UNDER THE GOVERNMENT OF INDIA EXHIBIT P2 P2:-A TRUE COPY OF THE LETTER OF THE CHAIRMAN OF IST RESPONDENT BOARD ADDRESSED TO THE DIRECTOR OF DEPARTMENT OF COMMERCE OF THE 2ND RESPONDENT EXHIBIT P3 P3:-A TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT ADDRESSED TO THE CHAIRMAN OF THE RUBBER BAORD AND OTHER COMMODITY BOARDS DTD 6/7/2006 EXHIBIT P4 P4:-A TRUE COPY OF THE OFFICE MEMORANDUM OF THE IST RESPONDENT DTD 31/10/2006 GRANTING NEXT HIGHER GRADE TO THE IST PETITIONER WITH EFFECT FROM 6/7/2006 EXHIBIT P5 P5:-A TRUE COPY OF THE OFFICE MEMO MEMORANDUM DTD 24/4/2012 OF THE IST RESPONDENT EXHIBIT P6 P6:-A TRUE COPY OF THE OFFICE ORDER NO 993 DTD 19/8/2014 EXHIBIT P7 P7:-A TRUE COPY OF THE OFFICE MEMORANDUM OF THE IST RESPONDENT DTD 17/9/2009 GRANTING NEXT HIGHER GRADE OF SCIENTIST C TO THE 2ND PETITIONER WITH EFFECT FROM 1/4/2008 EXHIBIT P8 P8:-A TRUE COPY OF THE OFFICE ORDER DTD 23/6/2015 ISSUED BY THE IST RESPONDENT EXHIBIT P9 P9:-A TRUE COPY OF THE O M NO 2/41/97 PIC DTD 9/11/1998 OF THE 3RD RESPONDENT WHICH IS REFERRED TO EXT P8 EXHIBIT P10 P10:-A TRUE COPY OF THE O M NO AB-
14017/37/2008-ESTT (RR) DTD 10/9/2010 OF THE 3RD RESPONDENT WHICH IS REFERRED W.A.No.484/2018 & W.P.(C)No.20366/2015 18 TO IN EXT P8 EXHIBIT P11 A TRUE COPY OF THE MANUAL ON ESTABLISHMENT AND ADMINISTRATION FOR INDIAN COUNCIL OF AGRICULTURAL RESEARCH UNDER THE MINISTRY OF AGRICULTURE OF 2ND RESPONDENT.
EXHIBIT P12 A TRUE COPY OF THE MINUTES OF 156TH MEETING OF THE RUBBER BOARD HELD ON 5.8.2006.
EXHIBIT P13 A TRUE COPY OF THE LETTER DATED
28.2.2018 ISSUED BY THE RUBBER BOARD.
RESPONDENTS' EXHIBITS
EXHIBIT R1 A TRUE COPY OF PROCEEDINGS NO.9/2006
DATED 13.9.2006 ISSUED BY THE CHAIRMAN
OF THE IST RESPONDENT.
EXHIBIT R1(B) TRUE COPY OF ENQUIRY REPORT DATED
29.9.2014 ISSUED BY THE SENIOR AUDIT
OFFICER.
EXHIBIT R1(C) TRUE COPY OF LETTER DATED 17.3.2016
ISSUED BY THE UNDER SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF
COMMERCE & INDUSTRY.
EXHIBIT R1(D) TRUE COPY OF OFFICE MEMORANDUM NO.AB-
14017/32/2002-ESST(RR) DATED 17.7.2002
ISSUED BY THE DEPUTY SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF
PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS (DEPARTMENT OF PERSONNEL AND
TRAINING)
EXHIBIT R1(E) TRUE COPY OF OFFICE ORDER NO.1004 DATED
8.1.2016 ISSUED BY THE SECRETARY-IN
CHARGE OF THE IST RESPONDENT.
EXHIBIT R1(F) TRUE COPY OF OFFICE MEMORANDUM DATED
6.2.2014 ISSUED BY THE DEPUTY SECRETARY
TO THE GOVERNMENT OF INDIA, MINISTRY OF
PERSONNEL, PG AND PENSION, DEPARTMENT
OF PERSONNEL AND TRAINING, NEW DELHI.
EXHIBIT R1(G) TRUE COPY OF OFFICE ORDER NO.1002 DATED
23.6.2015 ISSUED BY THE DEPUTY
SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF PERSONNEL, PG AND PENSION,
W.A.No.484/2018 & W.P.(C)No.20366/2015 19
DEPARTMENT OF PERSONNEL AND TRAINING,
NEW DELHI.
EXHIBIT R1(H) TRUE COPY OF THE JUDGMENT DATED
28.7.2020 PASSED BY THE LEARNED
DIVISION BENCH OF THIS HONOURABLE COURT
IN W.A.NO.161 OF 2019.
EXHIBIT R1(I) TRUE COPY OF FAQ NO.AB-14017/35/2011-
ESTT.(RR) DATED 23.9.2011 ISSUED BY THE
DEPARTMENT OF PERSONNEL AND TRAINING,
GOVERNMENT OF INDIA.
W.A.No.484/2018 & W.P.(C)No.20366/2015 20