Central Administrative Tribunal - Ernakulam
Dr. A.K. Roy And Ors. vs The President, Icar And Anr. on 8 August, 2001
Equivalent citations: 2003(2)SLJ342(CAT)
JUDGMENT T.N.T. Nayar, Member (A)
1. In this batch of 5 O.As., the applicants who are Scientists under the Indian Council of Agricultural Research (ICAR for short) are aggrieved by the fact that they have not been given placement/promotion as Scientist (Senior Scale)/Scientist Selection Grade (or Senior Scientist) with effect from the respective due dates of eligibility. Inspite of minor variations in factual details, the central issue in all these O.As., is the respondent alleged failure to grant the due promotions by correctly computing their eligible past service as Scientist in different grades in pursuance of this Tribunal's order in O.A. 991/93 dated 23.12.94 and in the light of the Universities Grants Commission (UGC for short) package for purposes of placement/promotion. Therefore, for the sake of convenience, these O.As. are disposed of by a common order.
2. The main reliefs sought for by the applicants in these O.As. are therefore by way of an order setting aside the impugned A-3 orders dated 4.9.96 in so far as the eligible services rendered by the applicants have not been correctly reckoned for the purpose of placement/ promotion from the eligible due dates and a direction to the respondents to give the benefits of placement/promotion as claimed and all the consequential benefits.
3. We have heard Mr. P.V. Mohanan, learned Counsel for the applicants and Mr. C.N. Radhakrishnan, learned Counsel for the respondents. We have also perused the detailed argument notes furnished by the rival Counsel.
4. Serious disputes with regard to the reckoning of past services rendered by Scientists S Grade and Scientists S-1 Grade arising out of the ICAR Notification dated 9.3.1989 and the Clarification issued in connection with the implementation of the UGC pay package led to the filing of O.A. 511/90 by Scientists S-1 grade and their Association before the Principal Bench of the C.A.T. highlighting the unlawful discrimination involved in the computation of service in ARS for the purpose of induction as S-1 or above as on 1.10.75. The main relief sought in that O.A. was for declaration that their services as Scientist (S-grade) and equivalent grade merged with S-grade were to be reckoned for the purpose of placement/promotion in terms of the UGC package. The above application was allowed by the Tribunal by order dated 15.2.91 (1991 ATC (17) 896) holding thus:
"In the conspectus of the facts and circumstances of the case, we are of the view that service in ARS will include service rendered in 'S' grade irrespective of whether the post is a Class I or Class II post or whether it is a gazetted one or not. We are also of the opinion that the service rendered in the 'S' grade of ARS or equivalent grades would be relevant for computing the total length of service for the purpose of placement/promotion in the UGC pay package adopted by the ICAR by their notification dated 9.3.1989."
It is seen that the Special Leave Petition filed against the said order was dismissed by the Supreme Court by judgment dated 5.1.91. Thereupon, the ICAR formulated a Career Advancement Scheme by which those Scientists in the pay scale of Rs. 2200-4000 would be placed in Senior Scale of Rs. 3000-5000 if they had completed 8 years of service after regular appointment as Scientists in the pay scale of Rs. 2200-4000 and in the pay scale of Scientis (Selection Grade) of Rs. 3700-5700, if they had completed 8 years of service in the Senior Scale provided, the requirement of 8 years would be relaxed if total service as Scientists was not less than 16 years. As per the Scheme, it was further provided that for placement/promotion to Senior Scale/Selection Grade as the case may be, relaxation of 3 years and one year respectively would be allowed to those Scientists who held Ph. D or M. Phil, degree. As per circular dated 5.2.92, which was the culmination of the proceedings arising out of O.A. 511/90 before the Principal Bench of the C.A.T., it was clarified that service rendered in S-Grade of ARS or equivalent grade merged into 'S' grade of ARS as defined in Schedule-I of ARS would be relevant for computing the length of service for the purpose of placement/promotion in terms of the UGC package. The DPC proceedings dated 20.10.92 in which it was proposed to reckon the service of the applicants in the present batch of O.As. and several others in the equivalent grade merged with S-Grade including service of Research Assistant, were not accepted by the ICAR on the ground that services rendered as Scientists S-l grade alone must be reckoned for the purpose of promotion to the Scientists (Senior Scale). This stand of the ICAR was contested by the 5 applicants in this batch of O.As. and 4 others by filing O.A. 991 /93 before this Bench of the Tribunal seeking a declaration to the effect that they were entitled to get promotion to Senior Scale and Selection Grade by reckoning their services in S-Grade and equivalent grade in scale Rs. 425-700 and Rs. 550-750 merged with S-Grade. The said O.A. 991/93 was disposed of by this Tribunal as per Order dated 23.12.94 by directing the respondents to reckon the entire service in S-Grade or equivalent grade. The SLP No. 17616/95 filed by the ICAR against this judgment was dismissed by the Apex Court on 29.11.95. A detailed Review Petition No. 269/96 in SLP No. 17616/95 was also rejected on merit by the Apex Court by order dated 20.2.96. Eventually, the ICAR agreed in principle that the entire service in S-Grade or equivalent grade merged with 'S' Grade in ARS (Research Assistant/Senior Research Assistant) should be reckoned while computing the total service for the purpose of placement/promotion in respect of the applicants in O.A. 991/93. This led to the holding of DPC meeting on 3.9.96 and the issue of the orders dated 4.9.96 impugned in the present batch of O.As.
5. We may now proceed to look into the individual pleadings of the applicants.
(a) Shri A.K. Roy, the applicant in O.A. 1199/97, who held a Masters Degree in the relevant discipline, was appointed as Research Assistant on 21.6.72 in the pay scale of Rs. 425-700. He was promoted as Senior Research Assistant on 1.10.75 and was inducted as Scientist 'S' with effect from the same date in the scale of Rs. 550-900 in Agricultural Research Service (ARS for short). While in service, the applicant acquired doctorate qualification (i.e. Ph. D). On assessment under Rule 19 of the ARS, the applicant was promoted as Scientist S1 with effect from 1.7.82. In pursuance of the Notification dated 9.3.89 concerning implementation of UGC pay scale, applicant was given the pay scale of Rs. 2200-4000 with effect from 1.1.86. In view of the Principal Bench (CAT's) order in O.A. 511/90 dated 15.2.91 followed this Bench of the Tribunal in O.A. 991/93 dated 23.12.94, the applicant was eligible for placement/promotion as per the Career Advancement Scheme formulated under the UGC pay package by reckoning his entire service rendered in Grade-S or equivalent grades in ARS. He also claimed relaxation of 3 years on account of his Ph. D qualification. According to the applicant, he became eligible for promotion as Scientist Selection Grade in the scale of Rs. 3700-5700 with effect from 21.6.85. The DPC met on 3.9.96 and reckoned the service rendered in S Grade and RA/ SRA. He was given promotion as Scientist in the scale of Rs. 3700-5700 with effect from 1.1.86. Although he was eligible to be promoted as Senior Scientist (Rs. 3700-5700) with effect from 2.1.86 on a par with Scientists like Shri K.J. Anthony and Shri P.S. Raveendran who were also co-applicants in O.A. 991/93, he was not given the promotion as Scientists Selection Grade (Rs. 3700-5700) with effect from 2.1.86, as claimed. Instead, he was granted the latter promotion i.e. Selection Grade only with effect from 1.1.92. The applicant's contention is that his eligibility for promotion as Scientist Selection Grade with effect from 2.1.86 has not been controverted. The DPC did not adjudge the applicant as unfit. The DPC found him fit as Scientist Senior Scale with effect from 1.1.86 by assessing the research work. The same DPC which found the applicant fit must have given him promotion to Selection grade with effect from 2.1.86 as done in several other cases, according to the applicant. It is contended in the application and reiterated in the arguments put forward by the learned Counsel for the applicant that the post of Scientist in the grade of Rs. 3700-5700 is not a selection post, but a promotion post, based on the requisite years of service and appraisal of work. That the applicant participated in the research activities could not be denied. Since there was no departmental proceedings of any kind contemplated or pending against the applicant, the seniority factor should have prevailed while considering the applicant for promotion. In this connection, learned Counsel appearing for the applicant placed reliance on the decisions of the Apex Court in B.V. Sivaiah v. Addanki Babu, AIR 1998 SC 2565=1999(1) SLJ 257 (SC), and in Union of India v Lt. General Rajendra Singh Kadyan, 2000(6) SCC 698=2001(1) SLJ 354 (SC).
(b) The applicant in O.A. 1234/97, Shri K. Vijayakumar, who commenced his service as Computer under the ICAR on 15.6.67 was promoted as Statistical Assistant on 27.8.74. On 31.8.78, the applicant was declared to have passed the M.Sc. Degree examination. The qualification for induction as Scientist in ARS being Masters Degree or equivalent in any branch or Bachelors Degree in any branch of Engineering or Technology, as per Rule 2(1) of ARS, the applicant was eligible for induction as Scientist S Grade with effect from 31.8.78, the date of his acquiring P.G. qualification. The Committee which met for induction of eligible candidates into Scientist S Grade, met only on 8.5.81 and, accordingly, the applicant was inducted as Scientist only on 8.5.81. He was promoted as Scientist S1 on 1.7.83. The applicant's case is that having regard to his service with effect from 27.8.74, he was entitled to get placement in Senior scale with effect from 1.1.86 and promotion to Scientist Selection Grade with effect from 27.8.90. Although by A-2 order dated 25.1.96, the ICAR had agreed to reckon the service from 27.8.74, by the impugned A-3 order dated 4.9.96, the applicant was considered for promotion as Scientist (Senior scale) with effect from 8.5.89 only and was not considered for promotion as Scientist (Selection Grade) with effect from 27.8.90 as claimed by him. The respondents stand that his service from 8.5.81 i.e., date of induction alone would be considered for promotion and thus, he had completed 8 years of qualifying service only on 8.5.89 was factually incorrect and therefore, illegal and untenable, according to the learned Counsel appearing on behalf of the applicant. It is contended that the stand of the respondents is violative of the directions of this Tribunal given in O.A. 991/93.
(c) The applicant in O.A. 1235/97, Shri C.P. Ramachandran, who commenced service as Laboratory Assistant on 1.3.58 became Research Assistant on 2.11.58 on promotion. He was promoted as Senior Research Assistant on 13.6.68. On 22.9.80 the applicant acquired Masters Degree qualification. He was inducted as Scientist-S with effect from the same date i.e. 22.9.80. He was promoted as Scientist-S1 with effect from 1.7.82. He retired from service on 31.7.94. Alongwith other applicants in this batch of O.As., this applicant also had, in the earlier O.A. 991/93, prayed for his promotion/placement as Scientist (Senior Scale) and Scientist (Selection Grade) by taking into account his past eligible service. According to him, he was entitled to promotion as Scientist (Senior Scale) with effect from 1.1.86 and Scientist (Selection Grade) with effect from 2.1.86. However, the DPC considered him for promotion as Scientist (Senior Scale) only with effect from 22.9.88 by reckoning his service from 22.9.80 being the date on induction as Scientist-S. It is vehemently contended by the learned Counsel for the applicant that this is in violation of the directions given by this Tribunal in O.A. 991/93 as the computation of eligible service has not been done in accordance with the Career Advancement Scheme.
(d) The applicant in O.A. 1236/97. Smt. P.G. Kamalakshy Amma, holder of M.Sc Degree, commenced service as Research Assistant on 8.12.69 under the ICAR. She was inducted as Scientist S grade in the ARS with effect from 1.10.75. She was promoted as Scientist S1 on 1.7.79. It is the case of the applicant that she was eligible to be promoted as Scientist (Senior Scale) with effect from 1.1.86 and as Scientist (Selection Grade) with effect from 2.1.86 by reckoning her service as Research Assistant and as Scientist S grade. Although the respondents-organisation has reckoned the applicant's service and found her fit for promotion as Scientist (Senior Scale) with effect from 1.1.86, it did not consider her subsequent performance as Scientist as satisfactory for purpose for promotion as Scientist Selection Grade. The respondents adjudged her not fit for promotion as Scientist in selection grade even as on 31.3.95. It is contended by the learned Counsel appearing on behalf of the applicant that she had completed 16 years of service prior to 1.1.86, that she had participated in research work, that the annual report commencing from 1987 till 1997 would confirm her commendable research work. Thus, her performance as Scientist having been satisfactory both before and after 1.1.86, there was no justification for denying her the benefit of promotion as Scientist Selection Grade with effect from 1.2.86 as has been done in a few other similar cases.
(e) The applicant in O.A. 1239/97, Shri A.A. Mohammed Sayed, holder of Master Degree and research qualification namely, Ph.D., commenced his service as Research Assistant on 19.6.72 and was promoted as Senior Research Assistant on 4.1.74, Having been inducted as Scientist S Grade in ARS on 1.10.75, he was promoted as Scientist S1 on 1.1.86. The applicant proceeded on voluntary retirement on 8.2.95. In view of his Ph.D. qualification, he was entitled to get relaxation of 3 years of service and was thus eligible to be promoted as Scientist (Senior Scale) with effect from 1.1.86 and as Scientist (Selection Grade) with effect from 2.1.86 by reckoning his services as Research Assistant and Scientist S grade. In principle, the ICAR had reckoned the whole service and granted him the promotion as Scientist Senior Scale with effect from 1.1.86. However, his performance during the subsequent period was held not to be satisfactory and he was, accordingly, not found fit for promotion as Scientist (Selection Grade). This, according to Counsel for the applicant, was in violation of the directions contained in O.A. 991/93 dated 23.12.94, Had the applicant's service been correctly computed and his qualification and experience properly considered, he would have been granted promotion as Scientist (Selection Grade) with effect from 2.1.86 as in other cases. It is contended that there was no adverse finding regarding the adequacy or efficacy of his research activities. Since he was found eligible for placement in the grade of Scientist (Senior Scale) with effect from 1.1.86 by the same token, he ought to have been promoted to the selection grade with effect from 2.1.86.
6. The reply statements filed by the respondents and the written arguments resisting the applications and explaining as to how the applicants' claim in each case cannot be acceded to, are, casewise, gisted below:
O.A. 1199/97(a) The applicant's services could be reckoned only with effect from 26.8.74, the date of his regular appointment as Research Assistant. His services as Research Assistant prior to that date was on ad hoc basis. Though his placement in Senior Scale (Rs. 3000-5000) was with effect from 1.1.86, promotion to Selection Grade (Rs. 3700-5700) was not automatic as claimed by the applicant but subject to consideration by the DPC. The DPC recommended his name for promotion as Scientist (Selection Grade) with effect from 1.1.92 only on the basis of his performance. In compliance with the directions contained in the Tribunal's order in O.A. 991/93 dated 23.12.94, the applicant was considered with reference to his recomputed eligible service. The eligibility to be considered for promotion was one thing and the eligibility for promotion itself was another thing. The DPC had in its competence, evaluated the scientific achievement of the Scientist and, accordingly, the applicant was granted promotion to Selection Grade only with effect from 1.1.92.O.A. 1234/97
(b) The applicant who commenced his service as a Computor with effect from 15.6.67, became Statistical Assistant on 27.8.74. He was inducted as Scientist-S Grade in ARS on 8.5.81 in view of his Post Graduate qualification. Since as per the Career Advancement Scheme of ARS Scientists under the ICAR would be eligible for placement in the post of Scientist (Senior Scale) on completion of 8 years of service in ARS, the applicant's case for such placement would arise only from 8.5.89. He was, accordingly, placed in the Senior Scale with effect from 8.5.89. He never held the post of Research Assistant or Senior Research Assistant before his induction into S-Grade. He would be eligible for promotion to Selection Grade with effect from 8.5.97 i.e., on completion of 8 years from 8.5.89. The cases of certain other applicants in O.A. 991/93 like Shri K.J. Antony and Shri P.S. Raveendran were not relevant to the applicant's case as the former had Post Graduate qualification at the time of their joining service itself. Hence the applicant could not be considered for placement in the post of Scientist (Senior Scale) with effect from 1.1.86 and further promotion as Scientist Selection Grade with effect from 27.8.90 as claimed.O.A. 1235/97
(c) The induction of the applicant in ARS in the post of Scientist-S on 22.9.80, the date of his acquiring M.Sc. Degree qualification, was on the basis of this Tribunal's decision in O.A. 115/89. This, being a settled matter, cannot be disturbed by later litigation. On completion of 8 years from 22.9.80, i.e., on 22.9.88, the applicant was placed in the grade of Scientist (Senior Scale). In the light of the directions contained in O.A. 991/93, the service rendered as Scientist-S or equivalent grade in ARS had to be reckoned for considering a case for placement in Scientist (Senior Scale). This was done. Prior services in other categories of posts were not relevant and hence not considered by the DPC. Services rendered as RA and Senior RA without Master's Degree qualification cannot be considered as equivalent to Scientist-S under the ARS rules for purposes of placement as Scientist (Senior Scale). The applicant's eligibility for further promotion as Scientist (Selection Grade) would arise on 22.9.96, but he retired from service on 31.7.94. The case of Shri K.J. Antony and Shri P.S. Raveendran being factually dissimilar on account of their having had acquired Master's Degree qualification at the time of their joining service itself, is not a comparable case for the purpose of placement/promotion to be granted to the applicant.O.A. 1236/97
(d) No discrimination in the matter of promotion as Scientist (Selection Grade) has been shown against the applicant. Eligibility for promotion on the basis of length of service is not denied, but promotion to Selection Grade was not automatic and as per the guidelines contained in the Career Advancement Scheme for ARS under ICAR, Scientists who made a mark in the area of research/teaching and had consistently satisfactory/good performance appraisal reports would be considered for promotion to Selection Grade or Senior Scientist Grade, as the case may be. The DPC, on critical examination of the applicant's performance, did not recommend her for promotion with effect from 2.1.86. There were adverse entries against the applicant in her Confidential Reports for 1989, 1994 and 1995 with regard to her performance/participation in research work. These adverse remarks were duly communicated to her. The denial of promotion, therefore, cannot be faulted. Certain other Scientists who were otherwise similarly placed were considered for and granted promotion on the basis of their achievement in or contribution to research work.O.A. 1239/97
(e) While eligibility for placement/promotion as Scientist (Senior Scale)/Scientist (Selection Grade)/Senior Scientist, on the basis of length of service is not denied, promotion to Selection Grade is not automatic. Consistently good performance record was essential for the purpose of promotion to Selection Grade (Senior Scientist Grade) and the duly constituted DPC considered this aspect before finding the applicant not fit for promotion to the grade of Senior Scientist (Rs. 3700-5700) as on 18.2.95, the date of his voluntary retirement from service. The applicant, no doubt, was allowed placement in Senior Scale with effect from 1.1.86. The reasons for denial of promotion to Selection Grade (Senior Scientist grade) were communicated to the applicant. No hostile discrimination was shown in this respect in the light of the ARS rules under the ICAR system of service.
7. We have carefully considered the facts and circumstances obtaining in each case with reference to the pleadings and the written submissions. By Notification F.No. 14/87-Per. IV dated 28.10.91, a scheme for Career Advancement was introduced for Scientists in the ARS under the ICAR with effect from 1.1.86. The scheme visualises placement/ promotion as under:
I. Scientist (Senior Scale) Every Scientist in the pay scale of Rs. 2200-4000, will be placed in the Senior Scale of Rs. 3,000-5000, if he/she has :
(a) completed 8 years of service after regular appointment as Scientist in the pay scale of Rs. 2200-4000;
(b) made a mark in the area of Research/Teaching as evidenced by Research Publications in reputed journals, variety/product/technology developed and innovations in teaching/extension education; and has (c) consistently satisfactory Performance Appraisal Reports. II. Scientist (Selection Grade)/Senior Scientist
Every Scientist in the Senior Scale of Rs. 3000-5000 will be eligible for promotion to the post of Scientist (Selection Grade)/Senior Scientist, in the pay scale of Rs. 3700-5700 if he/she has:
(a) completed 8 years of service in the Senior Scale provided the requirement of 8 years will be relaxed if his total service as Scientist is not less than 16 years;
(b) obtained Ph.D. Degree or an equivalent published work; (c) made a mark in the area of Research/Teaching as evidenced by Research Publications in reputed journals/variety/product/technology developed and innovations in teaching/extension education; and has (d) consistently good Performance Appraisal Reports. 8. The procedural formalities for promotion may be gisted as follows:
Suitability for promotion to the next Higher Grade will be adjudged by the Departmental Promotion Committee to be duly constituted at the Institute level.
The recommendation of the DPC shall normally be made within a year of completion of requisite years of service and promotion if awarded will take place from a date following the date of completion of prescribed years of service. The DPC's recommendations require the approval of the competent authority in the ICAR and make up necessary posts will be created by upgrading the posts of Scientists/Senior Scientists in the respondent-Institutes/ICAR Headquarters for the purpose of placement/promotion.
The Scientists in the Senior Scale of Rs. 3000-5000 who do not have a Ph. D degree or an equivalent published work, or who do not meet the research standards of Senior Scientists but fulfil other criteria mentioned above and have a good record of research or participation in Extension/Research/ Teaching activities will be placed in the grade of Rs. 3700-5700 on the recommendations of the Departmental Promotion Committee. They will be designated as Scientists (Selection Grade). Scientists in the Selection Grade will be created for this purpose by upgrading the posts held by them. They could offer themselves for a fresh assessment after obtaining a Ph. D degree and/or fulfilling the other requirements for promotion as Senior Scientists, and if found suitable, could be given the designation of Senior Scientist. (Clause 5 of the Scheme) RELAXATION Scientists in the revised scale of Rs. 2200-4000 for promotion to Scientist (Senior Scale) (Rs. 3000-5000) and/or Scientist (Selection Grade) (Rs. 3700-5700), will also be entitled to the relaxation in the years of service by 3 years and 1 years respectively, if they hold Ph. D. or M.Phil degree.
9. The subject matter of O.A. 991/93 to which all the 5 applicants herein were parties together with 4 other Scientists, was mainly the prayer for a declaration that services rendered by the applicants therein as Scientist in S-Grade or equivalent grades should be reckoned for fixation of pay and promotion in accordance with the Career Advancement Scheme cited above. This Tribunal after considering the claims of the applicants and having regard to the Principal Bench (CAT)'s finding in similar O.A. 511/90, directed the respondents to reckon the entire service rendered in S-grade or equivalent grades in ARS while computing the total length of service for purpose of placement/promotion in the UGC pay package as per notification dated 9.3.89. It was in apparent compliance with the directions given by this Tribunal that the DPC which met on 3.9.1996 considered the placement/promotion of each of the applicants therein. The A-3 orders dated 4.9.96, impugned in all the five O.As. considered herein, were made in pursuance of the recommendations of the DPC as mentioned above. In the light of the rival pleadings, this Tribunal has had occasion to call for and peruse the relevant records including the ACRs, and the DPC proceedings with a view to ascertain whether the directions of the Tribunal in the light of the extant guidelines governing the Career Advancement scheme for the ARS Scientists have been carried out. The effect of the directions contained in O.A. 991/93 dated 23.12.94 was that the entire service in Grade-S or equivalent grades in ARS was required to be reckoned for the purpose of computing total length of service in order to ascertain as to the date or dates on which each of the eligible candidates would be placed in the Senior Scale or promoted as Scientist Selection Grade/Senior Scientist as the case may be. Eligibility to be placed in the grade of Scientist (Senior Scale) or to be promoted to Scientist (Selection Grade) would, of course, be subject to the DPC's findings on evaluation or appraisal of the Scientists performance in the filed of Research/Teaching, and their ACRs. From a perusal of the scheme finalised for the Career Advancement in the ARS under the ICAR as discussed above, it would be evident that placement or promotion would depend on the eligible service, remarkable standard of contribution in the respective fields of research or teaching and consistently satisfactory/good performance appraisal reports. Besides the above, one significant factor in relation to promotion to selection grade or to the grade of Senior Scientist would be that the candidates concerned should have obtained a Ph.D. degree or had an equivalent published work to his credit. A relaxation to this was available, however, to Scientists with good record of research on perspective in extension/ teaching activities whom the DPC recommends for promotion to the Selection Grade of Rs. 3700-5700. In other words, it is not a routine promotion which one could normally expect by obtaining performance appraisal reports free of adverse remarks over a specified period of time. The Scientists aspiring to be placed in Senior Scale ought to have consistently satisfactory performance appraisal report and made a mark in the area of research, teaching etc. Significantly, those who hoped to be promoted from the grade of Scientist (Senior Scale) as Scientist (Selection Grade) or Senior Scientist ought to have consistently good performance appraisal report apart from making a mark in the area of research/teaching. The quality of the scientific community was expected to be of a high standard and this must be the reason why such stipulations were made in the Career Advancement Scheme. Admittedly, the Career Advancement Scheme in the ARS signalled a shift from posts-centered career management to Scientist-centered career management in the ICAR. It is in this light that the action on the part of the respondents should be examined. If there is any error or omission on the part of the respondents while computing the eligible period of service for the purpose of placement or promotion as envisaged under the Career Advancement Scheme, such errors or omissions are apt to be corrected or rectified and we would be obliged to do so. However, as far as performance appraisal is concerned, the general principle to be remembered is that the Expert Committee which was constituted for the purpose of evaluating the performance of the candidates cannot be faulted once such evaluation is with reference to the field of choice and the time frame relevant for the purpose. With these remarks, we now proceed to examine the correctness and propriety of the impugned orders.
10. As far as O.A. 1199/97 filed by Dr. A.K. Roy is concerned, it is seen that the applicant joined as Research Assistant with M.Sc. Degree on 21.6.72 and was inducted into the Scientist's grade in ARS with effect from 26.8.74. The respondents have assumed that he completed 8 years of qualifying service in S Grade on 25.8.82. He acquired research qualification of Ph.D. in the meanwhile. Therefore the respondents were of the view that the due date for his promotion would be 25.8.87. The applicant's case is that in terms of the Career Advancement Scheme for the ARS Scientists under the ICAR formulated in the light of the UGC pay package, he ought to have been placed in the Senior Scale with effect from 1.1.86 and granted promotion as Scientist (Selection Grade in the scale Rs. 3700-5700) on 2.1.86 as was done in respect of certain other Scientists. According to us, he completed the eligible service of 13 years (16 years as reduced by 3 years being the period of relaxation on account of research qualification) on 2.1.86 because he, being a Master's Degree holder even at the point of entry in service and having started his career as Research Assistant, had the eligibility to be inducted in S-Grade or grade equivalent thereto on 21.6.72 itself. His due date for placement as Scientist (Senior Scale) was 1.1.86, and he would, in the normal course, be eligible for consideration for promotion as Senior Scientist or Scientist (Selection Grade) in scale Rs. 3700-5700 on 2.1.86. The question to be considered is why he was not considered for promotion to Selection Grade even with effect from 25.8.1987 not to speak of 2.1.1986. In this context, the submission made on behalf of the respondents to the effect that promotion was not automatic and the same was granted on the basis of the DPC's findings merits consideration. We have, in this connection, seen the ACRs of the concerned Scientists which were produced before and considered by the DPC. The proposition canvassed by the applicant that since he was found fit to be placed in the Senior Scale with effect from 1.1.86, there was no reason why he should not have been found fit for promotion to Selection Grade with effect from 2.1.86, is not sound. Given the fact that there is fulfilment of the conditions regarding eligible service, there are certain vital differences between the norms for placement in the Senior Scale and those for promotion to the Selection Grade. It has to be emphasised here that the scheme visualises "placement" of Scientists in the scale Rs. 2200-4000 in the next scale i.e. Senior Scale of Rs. 3000-5000. It is just a placement subject to the findings of the DPC or the Screening Committee with regard to the requirement of consistently satisfactory performance reports and remarkable achievement in the field of research/teaching. But, the movement from Senior Scale to Selection Grade is a "promotion". For this, research qualification of Ph.D. is a necessary condition, subject to the relaxed procedure as per Clause-5 of the Career Advancement Scheme to be followed, (vide relevant extracts cited at para 7, page 17). Further, it is also significant to note that while consistently satisfactory performance appraisal reports would be sufficient for the purpose of placement in Senior Scale, consistently good performance appraisal reports are essential in order that Scientists in the Senior Scale might be considered for promotion to the post of Scientist (Selection Grade)/ Senior Scientist.
11. The DPC has evaluated the work output upto 1.1.86 for placement in Senior Scale. Subsequent records were also reviewed for assessing the applicant's suitability for promotion to the grade of Scientist (Selection Grade). The DPC took note of the fact that the applicant was eligible for promotion with effect from 25.8.87 but his work justified his promotion with effect from 1.1.92 only. There is no scope for interference in the evaluation of the DPC for the purpose of promoting a Scientist from a lower to a higher grade where greater standards of Scientific achievements, leadership and initiative are of perceived importance. Therefore, what was found satisfactory for the purpose of placement in Senior Scale, may not be considered good for the purpose of promotion to Selection Grade. We are afraid, we are not permitted to sit in judgment over the DPC's competence to evaluate the suitability of the Scientists in such a situation, since neither malafide not perverse attitude has been alleged. In the circumstances, we feel prevented from substituting the administrative and technical expertise of the Screening Committee or DPC with our own conviction or impression. The norms of promotion have not been violated in this case. The application fails.
12. Shri K. Vijayakumar, the applicant in O.A. 1234/97, who commenced his career as Computer in 1967, became Statistical Assistant in August, 1974. He acquired Master's Degree on 31.8.78. He was eligible to be inducted in ARS with effect from that date. However, since the Selection Committee for the purpose of induction, convened in 1981, the applicant was actually inducted in the grade of Scientist-S grade only on 8.5.81. The applicant's claim is that he was eligible for induction as Scientist-S grade with effect from 31.8.78 as a Council's candidate. Had his service as Research Assistant been reckoned with effect from 27.8.74, the date on which he became Statistical Assistant in the scale of Rs. 425-700, he would be entitled to get placement as Scientist (Senior Scale) with effect from 1.1.86 and as Scientist (Selection Grade) with effect from 27.8.90, according to the applicant. Our attention has been drawn to A-2 communication dated 25.1.96 communicating the decision of the respondents to reckon the entire service rendered by the applicant in the equivalent grades in ARS while computing total length of service for purpose of placement/promotion incompliance with the directions of this Tribunal in O.A. 991/93 to which the applicant was also a party. The applicant would also rely on A-3 order dated 4,9.96 by which the Director, CPCRI, Kasaragod has stated that the entire services rendered in S-Grade or equivalent grade in ARS (Research Assistant or Senior Research Assistant) is to be reckoned as per this Tribunal direction in O.A. 991 /93 read with CPC-98/95 dated 2.8.96. The applicant's contention in short is that he would be entitled for placement in Senior Scale with effect from 1.1.86 and promotion to Selection Grade from 27.8.90 the latter date being the date of completion of 16 years. The respondents stand is that since the applicant was inducted in ARS with effect from 8.5.81, he would be eligible for promotion on completion of 8 years therefrom i.e. 8.5.89. On going through the facts of the case and having regard to the material on record, we find that in the directions contained in O.A. 991/ 93, the fact that the applicant was eligible to be inducted in ARS with effect from 31.8.78 is undeniable. It is, indeed admitted, as seen from the records, that he acquired his Master's Degree qualification from that date which as per rules, is the essential prerequisite for being inducted in ARS. According to us, the eligible service of the applicant ought to have been computed with effect from 31.8.78. Similar exercise is seen to have been made in the case of another Scientist Shri C.P. Ramachandran, an applicant in the same batch of cases (vide O.A. 1235/97). The applicant ought to have been given his Senior Scale with effect from 31.8.86 and should have been considered for Selection Grade with effect from 31.8.94. The impugned order dated 4.9.96 to that extent requires to be set aside for modification by convening a Review DPC.
13. The case of Shri C.P. Ramachandran, the applicant in O.A. 1235/97, who commenced his career as Laboratory Assistant in 1958 and became Senior Research Assistant in due course on 13.6.88, is that he ought to have been placed in the Senior Scale on 1.1.86 and promoted to the post of Scientist (Selection Grade) with effect from 2.1.86. According to the applicant, had his services as Research Assistant and Senior Research Assistant in scale Rs. 425-700 and Rs. 550-900 respectively, been considered, he would have been eligible for Senior Scale and Selection Grade on 1.1.86 and 2.1.86 respectively. The argument of the respondents, as has been stated earlier, is that the applicant was given his placement on the basis of the directions contained in O.A. 991/93 by taking into account the eligible service in S-Grade or equivalent thereto. The Counsel for respondents has drawn our attention to the fact that the applicant had acquired Post Graduate qualification with effect from 22.9.80 and that date should be taken as the crucial date for eligibility to be included in higher grade in ARS. On going through the material placed on record and the other records produced for verification, we find that the applicant's claim in this regard is baseless. As far as the eligibility position and induction into ARS are concerned, this matter has already been considered in an earlier O.A. 1387/92 filed by the applicant and by order dated 3.2.93, this Tribunal has held that the applicant had been correctly inducted into the ARS with effect from 22.9.80 in the light of the stipulation of Master's Degree as the minimum qualification for such induction. We would like to make it clear in this regard that Master's Degree qualification is an imperative educational qualification for being inducted into the ARS. Even those Scientists and Technical hands who were inducted into the ARS in different grades at the time of initial constitution thereof were obliged to acquire Master's Degree qualification for being inducted in the grade of Scientist-S. Thus, it is clear that for the purpose of computing the eligible service in accordance with the directions contained in this Tribunal's order in O.A. 991/93 and the subsequent clarificatory orders, the first thing to be inquired into is whether the applicant concerned is a Master's Degree holder or not, for, that would be the first prerequisite for induction as Scientist S-grade or grade equivalent thereto. In the instant case, the applicant obtained Master's Degree on 22.9.80 and, accordingly, he would be eligible for placement in the Senior Scale, only on 22.9.88. The applicant would, in the normal course, be eligible for consideration for promotion to the post of Scientist Selection Grade or Senior Scientist on any day thereafter, subject to his fulfilling other conditions. This application is bound to fail.
14. Smt. P.G. Kamalakshy Amma, the applicant in O.A. 1236/97, a Master's Degree holder, joined the ICAR as a Research Assistant in December, 69. We do not find any confusion with regard to her computation of eligible service in terms of the directions contained in O.A. 991/93. However, there is a serious dispute in regard to denial of promotion to her from Scientist (Senior Scale) to Scientist (Selection Grade) or Senior Scientist in scale of Rs. 3700-5700. It would appear that she was given her Senior Scale with effect from 1.1.86. The promotion to the Scientist (Selection Grade/Senior Scientist) for which she was eligible with effect from 2.1.86, has been denied on account of the DPC's recommendations. According to the applicant, since she had completed 16 years' of service prior to 1.1.86 and since between 1987 and 1997, she had done commendable research work, there was no justification for denying her the benefit of promotion with effect from 2,1.86. Going through the records, particularly, with reference to the performance appraisal reports and the proceeding of the DPC, we notice that the applicant's eligibility for promotion to the grade of Scientist (Selection Grade in scale Rs. 3700-5700) with effect from 2.1.86 has been recognised by the authorities concerned including the DPC, but it would appear that the DPC proceeded to observe that as the performance of the Scientist during the subsequent period was not satisfactory with regard to scientific output, the Committee did not recommend her for promotion to the grade of Scientist (Selection Grade) as on 31st March, 1995. We fail to understand as to what exactly is the meaning of such a finding. But it does have the effect of declaring her unfit for promotion even as on 31.3.95. Once the candidate was found eligible for placement/promotion on 1.1.86 and 2.1.86'respectively, the only thing that was to be examined was whether the candidate (i.e., the applicant) had satisfied the distinct norms for career advancement by way of placement/promotion. As has been observed in the case of O.A. 1199/97 supra, there are different norms for placement and promotion. Placement in the Senior Scales requires apart from eligible service, consistently satisfactory performance appraisal report and significant contributions to research/teaching. The prerequisite for consideration for promotion to the Selection Grade/Senior Scientist Grade are, in addition to the eligible service, consistently good performance appraisal reports and significant contributions to the research/teaching. While we would not be interfering in an objective appraisal of the DPC with regard to the performance of the candidate of his or her contribution to the research work or other specified field or speciality, with a view to ensure optimum standard of performance and achievement from the scientific community, we would certainly be compelled to intervene, if the DPC or the authorities concerned travelled beyond the prescribed parameters and denied the candidate the benefit of natural justice- In the instant case, all that the DPC should have considered was to see whether the applicant had performed according to the prescribed standard in terms of contribution to the field of speciality, or as a Scientist in general as reflected in the ACRs, upto the date of her becoming eligible for consideration. To travel beyond that period and judge by her subsequent deficiencies would not be correct. That would perhaps, be relevant for consideration for a further advancement. It is well settled that if scrutiny of records for a very long period is taken recourse to an account of the fact that the DPC met several years after the normally due date or dates for such meetings, separate list for each year would be drawn for otherwise, it is likely to widen the field of choice thereby throwing out candidates who would otherwise have got their promotions in due time. This, of course, is relevant of vacancy based promotions and we are aware that it is not probably strictly applicable to the Scientist-based career advancement system adopted in the ICAR. However, it would be gross injustice to exclude a person for the alleged dificiencies relating to a period subsequent to the date of attainment of eligibility when such a date is specified. Therefore, we are constrained to set aside the impugned order in as much as she has not received a fair consideration with regard to her eligibility for promotion to Selection Grade as on 2.1.1986. To this extent, the impugned order is liable to be set aside. The respondents shall be competent to hold a review DPC to come to a correct finding with regard to applicant's eligibility for promotion to the grade of Scientist Selection Grade/Senior Scientist with effect from 2.1.86, on the basis of her performance upto the date on which she would otherwise be eligible for promotion to Selection Grade, i.e. 2.1.1986. It would also be advisable to avoid ambiguity in the wording while granting or refusing promotional benefits to an employee. In this respect, the appraisal or evaluation of the performance/contribution of the applicant should be confined to the period upto the date on which she attained eligibility for being considered for promotion in accordance with the norms laid down for promotion/placement under the Career Advancement Scheme in the ARS as discussed supra. For this purpose, convening of a review DPC is considered necessary.
15. Shri A.A. Mohammed Sayed, the applicant in O.A. 1239/97, a Master's Degree holder, entered service as Research Assistant on 19.6.72. He became Senior Research Assistant on 4.1.74 and was inducted into the ARS from the first date of inception of the service, namely, 1.10.75. He has also acquired Ph.D. qualification. There is no dispute with regard to the eligible service. He was given Senior Scale with effect from 1.1.86. The only grievance which is sought to be redressed is with regard to the denial of further promotion to the Selection Grade/Senior Scale. On going through the pleadings and further material on record and having regard to the ACRs and DPC proceedings, we find that the factual situation in this case is similar to that pertaining to the applicant in O.A. 1236/97 (Smt. P.G. Kamalakshy Amma) discussed at para No. 13 above. Here also, the applicant's eligibility to be promoted to Senior Scientist in the scale of Rs. 3700-5700 the very next date after he became eligible for placement in the Senior Scale Rs. 3000-5000 is not disputed. He was placed in the Senior Scale on 1.1.86 and logically, therefore, he ought to have been considered for promotion to the post of Senior Scientist the very next day, i.e. 2.1.86, as he had completed more than 13 years of service in ARS on that date. As per DPC proceedings, it would appear that the performance of the Scientist during, the subsequent period was not considered satisfactory, and therefore, he was not found fit for promotion to the grade of Senior Scientist as on 18.2.95, i.e. the date of his voluntary retirement from service. As has been held in O.A. 1236/97, we are of the view that the DPC proceedings in this case also are untenable, inasmuch as his fitness or unfitness as on the date of his attainment of eligibility to be considered for promotion to Senior Scientist i.e. 2.1.86 has not been spelt out in clear terms. Therefore, following the logic explained in O.A. 1236/ 97 above, we hold that the applicant's case for promotion to the grade of Senior Scientist in scale Rs. 3700-5700 has to be reviewed with reference to the date on which he attained eligibility otherwise. This does not mean that the DPC would be under any restriction with regard to an objective assessment of the applicant's performance upto the date on which the applicant attained eligibility for being considered for promotion in accordance with the norms laid down for placement/promotion under the Career Advancement Scheme in the ARS discussed earlier in this order. For this purpose, a review DPC shall be convened.
16. In the result, the O.As. are disposed of in the following manner:
(i) O.A. 1199/97 and O.A. 1235/97 are dismissed.
(ii) O.A. 1234/97 is disposed of directing the respondents to consider the applicant for placement in the Senior Scale (Rs. 3000-5000) with effect from 31.8.86 and for Selection Grade (Rs. 3700-5700) with effect from 31.8.94. A Review DPC shall be convened for this purpose . The impugned order is set aside to this extent. The applicant shall be eligible for all the consequential benefits, if he is found suitable for placement/promotion as mentioned above. The exercise of convening the Review DPC and passing consequential orders including granting consequential benefits, if any, shall be completed within a period of five months from the date of receipt of copy of this order.
(iii) O.A. 1236/97 and O.A. 1239/97: The impugned orders in these cases are set aside to the extent to which those have not considered the applicants performance upto the date of attainment of eligibility for the purpose of allowing promotion as Scientist (Selection Grade/Senior Scientist) scale Rs. 3700-5700). A Review DPC shall be convened for the purpose of considering the applicants for promotion to the grade of Scientist (Selection Grade)/ Senior Scientist. If the applicants are found fit to be promoted to the above grade from the respective dates of their attaining eligibility for promotion to the said grade, they shall be entitled to all the consequential benefits flowing therefrom and the respondents are directed to grant them such benefits. The whole exercise of convening the Review DPC and passing consequential orders including granting of consequential benefits, if any, shall be completed within a period of five months from the date of receipt of copy of this order.
17. The parties shall bear their respective costs.