Central Administrative Tribunal - Ernakulam
Dr Vivek P Pillai vs Secretary Department Of Science And ... on 2 December, 2021
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Central Administrative Tribunal
Ernakulam Bench
O.A Nos.180/00207/2021 & 180/00246/2021
Thursday, this the 2nd day of December, 2021
CORAM:
Hon'ble Mr. P.Madhavan, Judicial Member
Hon'ble Mr.K.V.Eapen, Administrative Member
O.A./180/00207/2021
Dr. SubinSukesan,
S/o Shri. Sukesan Govindan,
Associate Professor,
Sree Chitra Thirunal Institute for Medical Science & Technology,
Thiruvananthapuram, Kerala, Pin: 695011, presently residing at
A7, NFH Shri Chitra QRTS, SCTIMST, Kumarapuram Campus,
Thiruvananthapuram, Pin 695 011. - Applicant
(By Advocate: Mr.T.Sanjay)
Versus
1. Union of India, represented by its Secretary,
Ministry of Science & Technology,
Department of Science and Technology,
Technology Bhavan, New Mehroli Road,
New Delhi, Pin: 110016.
2. Sree Chitra Thirunal Institute for Medical Science & Technology,
Thiruvananthapuram, Kerala
Pin: 695011, represented by its Director.
3. The President, Sree Chitra Thirunal Institute for Medical
Science & Technology, Thiruvananthapuram, Kerala,
Pin: 695011. - Respondents
(By Advocates: Mr.V.Sajithkumar for R 2&3 and Mr.V.A.Shaji, ACGSC for R1)
O.A./180/00246/2021
1. Dr. Vivek V. Pillai, aged 45 years,
S/o. Dr.P.Velayudhan Pillai,
Additional Professor,
Department of CVTS,
Sree Chitra Tirunal Institute for Medical Science &
Technology (SCTIMST), Thiruvananthapuram - 695011
Residing at Swayam Prabha, NRA 42, Navarangam Lane,
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Medical College.P.O, Thiruvananthapuram - 695011.
2. Dr.Varghese T. Panicker, aged 47 years,
S/o. Shri. Thomas Panicker. K.V(L),
Additional Professor,
Department of CVTS, Sree Chitra Tirunal Institute
for Medical Sciences & Technology (SCTIMST),
Thiruvananthapuram - 695011,
Residing at Tengayyam, E12, Devaswom Lane,
Kesavadasapuram, Pattom.P.O,
Thiruvananthapuram - 695004.
3. Dr.Sanjay.G., aged 45 years,
S/o. N. Ganapathi,
Additional Professor, Department of Cardiology,
Sree Chitral Tirunal Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at 12A SFS Stanford Apartments,
Madathunada, Mukkolakkal.P.O.
Thiruvananthapuram - 695043.
4. Dr. George C. Vilanilam., Aged 44 years,
S/o. Late P.G.Chandy,
Additional Professor,
7 Floor, Neurosurgery Department,
Sree Chitral Tirunal Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at A3, PRS Lakeville,
Nish Road, Akkulam, Thiruvananthapuram - 695017.
5. Dr. Deepti.A.N., aged 46 years,
D/o. A.S.Narasimhaiah, Associate Professor,
Department of Pathology, Sree Chitra Tirunal Institute for
Medical Sciences & Technology (SCTIMST), Thiruvananthapuram -
695011, residing at NFH/B5, II Floor, SCTIMST
Staff Quarters, Poonthi Road, Kumarapuram,
Thiruvananthapuram - 695011.
6. Dr. Smita. V., aged 44 Years, D/o. G. Bahuleyan,
Associate Professor, Department of Anaesthesiology,
Sree Chitra Tirunal Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at House No.L-102, LIC Lane - D, Pattom,
Thiruvananthapuram - 695044.
7. Dr. Rajalakshmi.P., aged 37 Years, D/o. P.Poyuran,
Assistant Professor, Department of Pathology,
Sree Chitra Tirunal Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at 5D, Heera Golden Hills,
Kanaka Nagar, Nathancode, Thiruvananthapuram - 695003.
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8. Dr. Sudip Dutta Baruah., aged 41 years,
S/o. Late Budhindra Nath Dutta,
Assistant Professor, Department of CVTS,
Sree Chitra Tirunal Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at Flat 8A, SFS Cyberpalms Silver,
Near MGM School, NH Bypass, P.O. Karimanal,
Thiruvananthapuram - 695583.
9. Dr. Arun Gopalakrishnan., aged 37 years,
S/o. K.V. Gopalakrishnan, Assistant Professor,
Department of Cardiology,
Sree Chitra Tirunal Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at 9D, Nikunjam Orient, Poonthi Road,
Kumarapuram, Medical College P.O., Thiruvananthapuram - 695011.
10. Dr. Unnikrishnan.P., aged 40 years,
S/o. Shri.P.B.Prathapdas, Assistant Professor,
Division of Neuroanesthesiology,
Department of Anaesthesiology, Sree Chitra Tirunal
Institute for Medical Sciences & Technology (SCTIMST),
Thiruvananthapuram - 695011, residing at Ampalattil, SNRA,
31/A Njandoorkonam, Powdikonam.P.O., Thiruvananthapuram - 695588.
11. Dr. Sowmya Ramanan.V., aged 42 years,
D/o. Late K. Venkata Ramanan, Assistant Professor,
Department of CVTS, Sree Chitra Institute for Medical Sciences &
Technology (SCTIMST), Thiruvananthapuram - 695011,
Residing at A6, NFH, SCTIMST Staff Quarters,
Poonthi Road, Kumarapuram,
Thiruvananthapuram-695011. - Applicants
(By Advocate: Mr.Elvin Peter P.J)
Versus
1. Union of India, represented by its Secretary,
Ministry of Science & Technology,
Department of Science and Technology,
Technology Bhavan, New Mehrauli Road, New Delhi-110016.
2. Sree Chitra Tirunal Institute for Medical Science &
Technology (SCTIMST) Represented by its Director
Thiruvananthapuram - 695011,
3. The President, Sree Chitra Tirunal Institute for Medical
Science & Technology, Thiruvananthapuram-695011.
4. The Director, Sree Chitra Tirunal Institute for Medical Sciences &
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Technology (SCTIMST),
Thiruvananthapuram-695011 - Respondents
(By Advocates: Mr.N.Anilkumar for R1 and Mr.V.Sajithkumar for R2,3&4)
The O.As having been heard on 2nd December 2021, 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:
O.A.No.180/00207/2021 "(i) To call for the records leading to Annexure A-
10 and set aside the same;
(ii) Issue a direction to the 3rd respondent to conduct Governing Body of the institute and to declare the result of FCP in respect of the applicant as well as all other affected doctors.
(iii) Issue a direction to the 1st respondent to ensure that timely promotions are granted to the doctors of the Sree Chitra Thirunal Institute for Medical Science & Technology.
(iv) Promote the applicant to the post of Additional Professor if he is found eligible as per FCP results and to grant all consequential benefits w.e.f his date of eligibility, ie, from 24.10.2019;
(v) To grant such other reliefs as this Hon'ble Court deems fit in the interest of justice."
O.A.No.180/00246/2021 "(i) Issue a direction to the 3rd respondent to convene the Governing Body Meeting of the "Institute" and grant promotions to the applicants under the 3-3-4 FCP Scheme, as laid down in Annexures A1, A2 & A3 forthwith with effect from the date on which the applicants had acquired the eligibility with all consequential benefits, including arrears of salary;
5(ii) Call for the records leading to Annexures A8 & A9 and set aside the same to the extent it sought to be applied retrospectively in denying promotion to the applicants with effect from the date on which the applicants acquired experience for promotion in the year 2019 under the 3-3-4 FCP Scheme;
(iii) Issue a direction to the respondents to grant promotion to the applicants under the 3-3-4 scheme forthwith with all consequential benefits with effect from the date on which the applicants acquired the eligibility for such promotion in accordance with Annexure A1, A2 & A3;
(iv) Declare that the action of the 3rd respondents in not convening the Governing Body Meeting of the "Institute" amounts to abdication of his legal duties and is therefore absolutely illegal, unfair, arbitrary, discriminatory, unconstitutional and violative of Article 14 of the Constitution of India;
(v) To grant such other reliefs as this Hon'ble Court deems fit in the interest of justice."
2. The brief facts of the case are as follows:
O.A.180/00207/2021 The applicant joined Sree Chitra Thirunal Institute for Medical Science & Technology an Institution of national importance under the Department of Science and Technology, Govt. of India on 04.07.2014 as Assistant Professor Anesthesia. Thereafter, the applicant was promoted to the post of Associate Professor Anesthesia w.e.f 24.10.2016 after qualifying in the Flexible Complimentary Promotion procedures. As submitted by the applicant, he was due for his next promotion w.e.f 24.07.2019 for the post of Additional Professor Anaesthesia. The 2nd respondent as per notice dated 04.12.2019 had invited applications from eligible candidates for consideration under FCP Scheme and to submit the applications by 27.12.2019. However, the interview could not be held for one reason or another and postponed in various occasions. As submitted by the applicant after completion of all procedures including interview for FCP, the 3 rd respondent has not taken any steps for convening Governing Council Meeting to declare the result of FCP. Hence 6 the applicant has approached this Tribunal praying for the above reliefs.
O.A.180/00246/2021 The applicant has filed this Original Application for a direction to the 3 rd respondent to convene the Governing Body Meeting of the "Institute" and grant promotions to the applicants under the 3-3-4 FCP Scheme, as laid down in Annexures A1, A2 & A3 forthwith, with effect from the date on which the applicants had acquired the eligibility with all consequential benefits, including arrears of salary. Belatedly, the Senior Staff Selection Committee was convened and the applicants have appeared for the interview. As per the applicants the Governing Body has not been convened and the applicants are thereby denied their right to be promoted to the next higher category under the 3-3-4 FCP Scheme.
Hence the applicants have approached this Tribunal praying for the above reliefs.
3. When the matter came up for hearing, counsel for the applicants in O.A. 246/21 submits that as per the additional reply statement, the respondents have considered the claims of the applicants and he will be satisfied if the observations in reply in para 4 is accepted and necessary decision is taken. Paragraph no. 4 of additional reply statement is as follows:
"4. It is humbly submitted that the 105 th Meeting of the Governing Body had decided to shift the present system of implementing FCP/MFCP for all cadres in tune with the O.M. No. 35034/3/20080-Estt (D) dated 19.06.2009 issued by the Ministry of Personnel, Public Grievances and Pensions, DoPT. The proposal was concurred by the Internal Audit Division and the 106th Governing Body had implemented the same, modifying the Annexure A3 Guidelines relied on by the Applicants in the O.A. The approved resolution of the Governing Body is produced as Annexure A9 in the O.A. Which is self-explanatory and beyond any scope of interpretation. The resolution adopted by the G.B. Reads as follows:
"b. In case of FCP promotions of academic staff, 7 all such promotions should be prospective. SSSC shall be conducted twice a year and promotions made effective prospectively for all eligible for promotion from a fixed dated i.e. January 1st/July 1st and not from the date of completion of residency period.
c. The decision of GB has to be announced before the next SSSC for FCP and will come into effect from the date of GB decision i.e. 21.07.2020.
There will be no retrospective promotions hereafter. (After 21.07.2020)"
The above norms govern the grant of FCP promotion of adademic staffs and as per the Governing Body decision, the date of coming into force of the decision has been specified as 21.07.2020. However, the claim of the academic staff becoming eligible for FCP promotion prior to 21.07.2020 were not specifically ruled in the above Governing Body decision and thus would be governed by previous Regulations in force. However, all promotions due after 21.07.2020 shall be governed by Annexure A8. It is humbly submitted that the Governing body decision is binding on the Institute and any orders issued in violation of the same cannot stand the test of law."
4. In light of the above limited submission, the Competent Authority is directed to consider the claims put forward by the applicant in the light of para 4 of additional reply statement filed in O.A. 246/21 with effect from the date of eligibility and pass appropriate orders on the basis of relevant rules and regulations within a period of one month from the date of receipt of a copy of this order.
5. The Original Applications are disposed of as above. No costs.
(K.V. Eapen) (P. Madhavan)
Administrative Member Judicial Member
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List of Annexures
O.A.180/00207/2021
Annexure A1- True copy appointment letter issued by the 2 nd respondent dated
02.07.2014 in respect of the applicant to the post of Assistant Professor. Annexure A2- True copy appointment letter dated 24.10.2016 issued by the 2 nd respondent in respect of the applicant to the post of Associate Professor. Annexure A3- True copy of the Notice dated 04.12.2019 issued by the 2 nd respondent.
Annexure A4- True copy of communication dated 18.09.2020 issued by the institute postponing the interview which was scheduled on 19 th & 20th of September 2020 till further notice.
Annexure A5- True copy of the communication dated 15.09.2020 issued by the institute re-scheduling the interview to 19.09.2020. Annexure A6- True copy of the representation dated 05.01.2021 preferred by the applicant.
Annexure A7- True copy of the communication dated 20.04.2021 issued by the 2 nd respondent.
Annexure A8- True copy of the E-Mail dated 22.05.2021 sent by the applicant rd addressed to the 3 respondent.
Annexure A9- True copy of the representation dated 21.05.2021 signed by the all 12 medical faculty doctors.
Annexure A10- True copy of the E-Mail dated 07.05.2021 sent by the 3 rd respondent to the 2nd respondent.
Annexure A11- True copy of approval endorsed by the all 10 Governing Body members on 27.05.2021.
Annexure A12- True copy of the communication dated 27.05.2021 issued by the 3 rd respondent.
Annexure A13- True copy of the communication No.P&A.II/SCTIMST/462/SSSC/2019/20 dated 27.05.2021 issued by the 2nd respondent. Annexure A14- True copy of Sree Chitra Regulations 1981. Annexure A15- True copy of the letter dated 03.06.2021 issued by the 3rd respondent. Annexure A16- True copy of the Order dated 31.05.2021 issued by the 2nd respondent appointing Dr.Ajith Kumar V.K as the temporary Director. Annexure A17- A true copy of the interim order dated 28.06.2021 in OA No. 284/2021 of this Hon'ble Tribunal.
Annexure A18- True copy of the order dated 14.06.2021 issued by the Institute promoting Dr Sajith.
Annexure A19- True copy true copy of Order dated 08.09.2021 passed by this Hon'ble Tribunal in OA 284/2021.
O.A./180/00246/2021 Annexure A1- True copy of the relevant extract of the report of the committee, laying down the guidelines for promotion under the 3-3-4 FCP scheme in the Institute. Annexure A2- True copy of the Order No.P&A.I/X/12/SCTIMST/2016 dated 01/04/2016 issued by the 4th respondent.
Annexure A3- True copy of the relevant extract of the guidelines issued by Sree 9 Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram for assessing the applications from the academic faculty for promotion under the 3-3-4 FCP promotion scheme.
Annexure A4- True copy of the a statement showing the dates on which the applicants joined the service and the dates on which they have acquired the eligibility to be considered for promotion under the FCP scheme to the respective categories. Annexure A5- True copy of the notice No.P&AII/SSSC/462/SCTIMST/2019-20 dated 04/12/2019 issued by the Institute inviting applications from the academic staff who have acquired the eligibility for promotion under the 3-3-4 FCP scheme. Annexure A6 & 6(a)- True copy of the Interim Order dated 18/09/2020 in OA 430/2020 and extended interim order dated 14/10/2020 of this Hon'ble Tribunal. Annexure A7- True copy of the letter P&A.II/SCTIMST/462/SSSC/2019-20 dated 24/04/2021 issued by the "Institute".
Annexure A8- True copy of the Order No.P&A.I/X/58/SCTIMST/2020 dated 25/08/2020 issued by the 4th respondent.
Annexure A9- True copy of the relevant extract of the 106 th Minutes of the Meeting of the Governing Body of Sree Chitra Triunal Institute for Medical Science and Technology, Thiruvananthapuram-695011, on which Annexure A8 order was issued.
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