Central Administrative Tribunal - Ernakulam
Ranjith S And Others vs Science And Technology on 3 February, 2022
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00052/2022
Thursday, this the 03rd day of February, 2022
Coram:
Hon'ble Mr.P.Madhavan, Judicial Member
Hon'ble Mr.K.V.Eapen, Administrative Member
1. Ranjith S., Aged 40 years, S/o.N.S. Kartha,
Technical Assistant (LAB-B), JRU, BMT Wing,
SCTIMST, Trivandrum - 695012
Residing at C/o/ TC-48/2531, Althara Road,
Aramada P.O., Njalikonam, Trivandrum - 695 032.
2. Willi Paul, Aged 55 years, S/o. U.V.Paul,
Scientific Officer, BMT Wing,
SCTIMST, Poojapura, Trivandrum - 695 012
Residing at Mythri 75, Bhajan, Chengalloor Road, Poojapura,
Trivandrum - 695 012.
3. Sajin Raj R.G., Aged 35 years, S/o. Rajan,
Technical Assistant - B (Instruments),
Ceramic Coatings Facility, BMT Wing,
SCTIMST, Trivandrum- 695 012
Residing at Raj Nivas, Siva Nagar- 98,
Kilikolloor P.O., Punthalathazham, Kollam- 691 004.
4. Reji Kumar S., Aged 41 years, S/o.Sasidharan Nair,
Technical Assistant (Machine Operation),
Division of Precission Fabrication,
BMT Wing, SCTIMST, Trivandrum - 695 012
Residing at Thiruvonam, Alathoor, Anavaoor P.O.,Trivandrum - 695 124.
5. Anil Kumar V., Aged 49 years, S/o. Velayudhan (Late),
Senior Scientific Assistant (Lab),
Thrombosis Research Unit, BMT Wing,
SCTIMST, Poojappura, Trivandrum-12,
Residing at Devika Nivas, Mylakkuzhi, Valiya Kattakkal,
Venjaramoodu P.O., Trivandrum - 695 607.
6. Binu A.U., Aged 43 years, S/o. Unni A.K.,
Technical Assistant - A(Instruments),
Network Service Cell, BMT Wing,
SCTIMST, Poojappura P.O.,
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Trivandrum - 695 012.
Residing at Anikattu (H), Peechi P.O., Vilanganoor, Thrissur - 680653
7. Prathyush M., Aged 38 years, S/o. Krishnan C.,
foreman (Tool room), Division of Precision Fabrication,
BMT Wing, SCTIMST, Trivandrum - 695 012
Residing at Uthradam, Thattiyode, Koodal P.O., Kannur- 670 592.
8. Sarath Kumar R.S., Aged 36 years, S/o.Sasidharan,
Technical Assistant (Animal Lab),
Division of Laboratory Animal Sciences, BMT Wing,
SCTIMST, Trivandrum - 695 012.
9. Damodara Sarma E., Aged 41 years, S/o. Govindan Namboodiri E.,
Technical Assistant (Anaesthesia)- B,
O/o Anaesthesiology, SCTIMST, Medical College P.O.,
Trivandrum - 695 011
Residing at Etavalliam, TC VIII/3106(1), Powdikonam (P.O.),
Kariyam, Trivandrum- 695 588.
10. Krishna Kumar N., Aged 41 years, S/o.Narayana Pillai,
Technical Assistant (IS&IR)- B,
SCTIMST, Medical College P.O., Trivandrum -11,
Residing at Kottara Vilakom, Veeralam, Attingal, Trivandrum- 695 101.
11. Pradeep M.J., Aged 38 years, S/o. Mahadevan S.,
Technical Assistant (Neurology) - B,
Department of Neurology, SCTIMST, Medical College P.O.,
Trivandrum - 695 011
Residing at M.J.P.Sadan, Perumthanni,
Kazhivoor P.O., Trivandrum- 695 526. - Applicants
(By Advocate: Mr.Kaleeswaram Raj, Mr.Varun C. Vijay and Ms.Thulasi K.Raj)
Versus
1. Union of India, represented by Secretary to Government,
Department of Science and Technology,
Central Secretariat,
New Delhi, Pin - 110 001.
2. Secretary to Government
Department of Expenditure,
Ministry of Finance,
Government of India
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129-A, North Block, New Delhi- 110 001.
3. Secretary to Government
Integrated Finance Division of DST,
Ministry of Science and Technology,
Technology Bhavan, New Mehrauli Road,
New Delhi- 110 016.
4. Sree Chitra Tirunal Institute for Medical Sciences and Technology
Represented by Director,
Jai Nagar W Road, Chalkkuzhi,
Thiruvananthapuram- 695 011.
5. The Director
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Jai Nagar W Road, Chalakkuzhi,
Thiruvananthapuram- 695 011.
6. Secretary
Department of Personnel & Training
Ministry of Personnel, P G And Pensions
Government of India
North Block, New Delhi 110 001. - Respondents
(By Advocate: Mr.S Sreedutt, ACGSC for R1 to 3 & 6 and Mr.V Sajith Kumar for
R4 & 5)
The O.A having been heard on 03rd February, 2022, this Tribunal delivered the
following order on the same day:
O R D E R (ORAL)
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(i) To declare that the applicants are eligible for more promotional avenues and should be granted pay scales, promotional opportunities, designation etc at par with the Technical categories of staff in comparable Scientific and Research organizations like CSIR, ICMR, VSSC, BARC, ARI, Bose Institute etc.
(ii) To declare that the 1st respondent is bound to provide or create sufficient promotional avenues to the 4 applicants and like persons form the post of Technical Assistants and Scientific Assistants in the Bio Medical Technology Wing and Hospital Wing in the 4 th respondent institute;
(iii) To direct the 1st respondent to pass orders providing or creating sufficient promotional avenues to the applicant and like persons from the post of Technical Assistants and Scientific Assistants in the Bio Medical Technology Wing and Hospital Wing in the 4 th respondent institute;
(iv) To direct the 1st respondent to consider and pass orders on the Est.P8 representation after giving an opportunity for hearing the applicants, within a time frame to be fixed by this Hon'ble Tribunal.
(v) To issue such other appropriate orders or directions that this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case.
(vi) To grant the costs of this Original
Application."
2. The brief facts of the case are as follows:
The applicants are working as Technical Assistants and Scientific Assistants in the Bio Medical Technology Wing and Hospital Wing in the 4 th respondent institute and are classified as Group B employees. The applicants have very few promotional prospects and they face stagnation in their cadre. In this regard, applicants have submitted their grievances vide Annexure A-8 representation which has not been considered by the respondents till date. Hence they have approached this Tribunal praying for the above reliefs.
3. When the matter came up for consideration, the main request submitted by the applicants is that the respondents may be directed to consider their representation 5 and pass a speaking order within a time frame.
4. Adv.Mr.S Sreedutt, ACGSC takes notice on behalf of the respondent nos. 1 to 3 & 6 and Adv.Mr.V Sajith Kumar takes notice on behalf of the respondent nos. 4 & 5.
5. In view of the above submission, respondents are directed to consider and dispose of Annexure A-8 representation given by the applicant in the light of relevant rules and regulations and pass a reasoned and speaking order within a period of six months from the date of receipt of a copy of this Order.
6. The O.A is disposed of as above at the admission stage itself. No costs.
(K.V.Eapen) (P.Madhavan)
Administrative Member Judicial Member
sm
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List of Annexures
Annexure A1- Copy of the relevant portion of the PSRC report dated 20.05.2011.
Annexure A2- Copy of the relevant pages FCP promotion extended to the TA as per
the PSRC report dated 20.05.2011.
Annexure A3- Copy of the Order No. P&A.I/X/24/SCTIMST/2017 dated
03.03.2017.
Annexure A4- Copy of the draft committee report published on the intranet on
15.5.2018.
Annexure A5- Copy of the excerpt from 97th GB Minutes dated 01.07.2010.
Annexure A6- Copy of the Cadre Review Committee Report May 2019 dated
04.06.2019.
Annexure A7- Copy of the letter dated 05.03.2021 of the Finance cell of DST.
Annexure A8- Copy of the representation dated 13.11.2021 submitted by the
applicants.
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