Central Administrative Tribunal - Delhi
Chelladurai Raghunathan vs M/O Environment And Forests on 11 January, 2016
Central Administrative Tribunal
Principal Bench, New Delhi
O.A.No.42/2016
Monday, this the 11th day of January 2016
Hon'ble Mr. A.K. Bhardwaj, Member (J)
Hon'ble Dr. Birendra Kumar Sinha, Member (A)
1. Dr. Chelladurai Raghunathan
Aged about 46 years
Scientist D & Officer-in-Charge
s/o K S Chelladurai
Presently Posted at
Zoological Survey of India
Andaman & Nicobar Regional Centre
11, Horticulture Road
Haddo Post
Port Blair - 744 102
Andaman & Nicobar Islands
2. Dr. Avtar Kaur Sidhu
Aged about 47 years
Scientist D & Officer-in-charge
d/o Mr. Ajmer Singh Sidhu
Presently Posted at
Zoological Survey of India
High Altitude Regional Centre
Saproon, Solan - 173 211
Himachal Pradesh (HP)
..Applicants
(Mr. R K Kapoor, Advocate)
Versus
1. Union of India through
Ministry of Environment, Forests & Climate Change
Through its Secretary
Indira Paryavaran Bhavan, Jor Bagh Road
New Delhi-3
2. The Director
Zoological Survey of India
5350M Block, New Alipore
Kolkata 700053
..Respondents
(Mr. Hanu Bhasker, Advocate)
2
O R D E R (ORAL)
Mr. A.K. Bhardwaj:
It is not in dispute that in terms of the office order No.77/2014 dated 15.05.2014 (Annexure A-12), the applicants herein were granted benefit of Flexible Complementing Scheme (FCS) (Scientist 'C' to 'D') w.e.f. 01.07.2011, 01.07.2012, 01.01.2014, 01.01.2012, 01.01.2013 and 01.07.2013.
The apprehension of the applicants is that in upgradation to next higher grade, i.e., Scientist 'E in terms of the FCS, respondents would not take into account their services as Scientist 'D' w.e.f. 01.07.2011, while in such upgradation for others, the benefits of FCS to Scientist 'D' have been given from anterior dates.
2. Mr. Hanu Bhasker, learned senior standing counsel submitted that the Original Application is premature and no Scientist 'D' is being given benefit of the date of retrospective promotion (FCS) in promotion to next higher grade, i.e., Scientist 'E' and the matter has been referred to the Department of Personnel & Training for its advice. He further submitted that as and when any Scientist 'D' will be considered for promotion to Scientist 'E' as per FCS, all eligible candidates, including the applicants herein, would be considered for such upgradation.
3. In view of the stand take by learned senior standing counsel, Original Application is disposed of. No costs.
( Dr. Birendra Kumar Sinha ) ( A.K. Bhardwaj ) Member (A) Member (J) January 11, 2016 /sunil/