Central Administrative Tribunal - Ernakulam
V J John vs The Secretary Ministry Of Earth ... on 16 October, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00763/2019
Thursday, this the 16th day of October, 2025
C O RAM :
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mrs.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
1. V.J.John, aged 60 years,
S/o.V.C.Joseph,
Eniakkattu SBN-7, Choozhampala,
Mukkola P.O, Trivandrum 695 043.
(Meteorologist B, Meteorological Centre,
Thiruvananthapuram)
2. G.Raju, aged 59 years,
S/o.V.John,
Kanjiramvilaveedu, Avaneeswaram,
(RS-PO), Kollam, Kerala - 691 508.
(Meteorologist B, Meteorological Centre,
Thiruvananthapuram)
3. V.Gopakumar, aged 47 years,
S/o.Veluppillai,
Vrindavanam KPNRA- 60A,
Kanjirampara P.O., Trivandrum 695 030.
(Meteorologist A, Meteorological Centre,
Thiruvananthapuram)
4. R.Sajeev, aged 44 years,
S/o.Ramu,
Sadhgamaya, STRA-41,
Thuruvikkal P.O., Trivandrum 695 011.
(Meteorologist A, Meteorological Centre,
Thiruvananthapuram)
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5. R.C.Jayakumar, aged 56 years,
S/o.Ramachandran Nair,
Rajeevam, MRA- A40, Maruthmkuzhi,
Kanjirampara P.O., Trivandrum 695 030.
(Meteorologist A, Meteorological Centre,
Thiruvananthapuram)
6. V.P.Pradeep Kumar, aged 57 years,
S/o.N.P.Panickar,
Vavolikkal, Champakkara P.O.,
Karukachal, Kottayam 686 540.
(Meteorologist A, Meteorological Centre,
Thiruvananthapuram).
7. S.Sunil Kumar, aged 48 years,
S/o.Sivadas,
Aadibhadri, Champakatimmodu,
Venkukavu, Edava P.O., Trivandrum 695 311.
(Meteorologist A, Meteorological Centre,
Thiruvananthapuram)
8. Beena K.R, aged 49 years,
W/o. Sathish,
TC 27/258, AKG Road, Vanchiyoor Post,
Trivandrum 695 035.
(Meteorologist A, Meteorological Centre,
Thiruvananthapuram)
9. Sathananthan, aged 57 years,
S/o.V.K.Kunjupillai,
Sabari, Vayanakam, Njakkanal P.O., Kollam 690 533.
(Meteorologist B, Meteorological Centre,
Thiruvananthapuram). ...Applicants
(By Advocate - Mr.Rinny Stephen)
versus
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1. The Union of India represented by the Secretary,
Ministry of Earth Sciences, Mahasagar Bhavan,
Block-12, Lodhi Road, New Delhi - 110 003.
2. The Secretary to Government of India,
Ministry of Personnel, Public Grievances & Pensions,
Mahasagar Bhavan, Block-12, Lodhi Road,
New Delhi - 110 003.
3. The Secretary to Government of India,
Ministry of Finance, Mahasagar Bhavan,
Block-12, Lodhi Road, New Delhi - 110 003.
4. The Director General of Meteorology,
India Meteorological Department,
Mausam Bhavan, Lodhi Road,
New Delhi - 110 003.
5. The Union Public Service Commission,
represented by its Secretary,
Dholpur House, Shahjahan Road,
New Delhi- 110 069.
6. Accountant General (Audit),
DGACR Building, Indraprastha Estate,
New Delhi - 110 002.
7. The Chief Controller of Accounts,
Ministry of Earth Sciences,
India Meteorological Department,
Mausam Bhavan, Lodhi Road,
New Delhi - 110 003.
8. The Deputy Director General of Meteorology,
Regional Meteorological Centre, 50,
College Road, Nungambakkam, Chennai-6. ...Respondents
(By Advocate - Mr.Sreejith.N, ACGSC [R1-8])
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The Original Application having been heard on 24 th September
2025, the Tribunal on 16th October 2025 delivered the following :
ORDER
HON'BLE Mrs.V.RAMA MATHEW, ADMINISTRATIVE MEMBER The applicants, who are Group B Gazetted Officers in the India Meteorological Department (IMD), have approached this Tribunal challenging the non-implementation of promotions in the Group B Scientific Support Staff and Group A Scientific Officer cadres. They seek implementation of cadre restructuring notified on 07.03.2018, which was to take effect retrospectively from 01.01.2009. Originally, the promotion hierarchy for Scientific staff allowed steady progression from Senior Observer → Scientific Assistant → Assistant Meteorologist (Grade-II & I) → Meteorologist → Director → Dy. Director General → Addl. DG → DG of Meteorology. Until 2009, 80% of Group A (Scientist-C) vacancies were filled by promotions from Group B (Assistant Meteorologist Grade-I) and 20% through direct UPSC recruitment. However, after 2009, the promotional avenue from Group B to Group A was blocked following restructuring under the Modified Flexible Complementing (MFC) Scheme, which re-designated Meteorologist Grade-I as Scientist-C and shifted the entry point of Group A to direct recruitment through UPSC. This eliminated promotion opportunities for Group B officers, who were A S Peethambaran 2025.10.17 10:48:23+05'30' -5- reclassified as Scientific Support Staff with no alternative promotion channel, despite recommendations from several committees including the Dr. S.K. Das Committee.
2. It is submitted that after several representations, cadre restructuring for Group B was finally approved by IMD on 16.12.2014, creating 415 new Group A posts (Scientific Officers I, II, III). Despite this, no promotions have been made even after the Recruitment Rules were notified on 07.03.2018. The applicants allege that IMD authorities further blocked promotions by misusing the posts of Meteorologist Grade-II and not filling existing vacant 300 posts of Meteorologist-B, along with 151 newly created SO-I posts. This, they argue, will result in deemed abolition of posts under DOPT rules due to prolonged non-filling. Hence, the applicants have filed this Original Application seeking directions for time-bound promotions and implementation of the approved restructuring.
3. The respondents have filed their reply statement wherein it states that there are four streams in the IMD and not three ie., Group 'A' Scientific Stream, Scientific Support Stream, Technical Stream and A S Peethambaran 2025.10.17 10:48:23+05'30' -6- Administrative Stream. The IMD has conducted promotions based on available vacancies and Recruitment Rules. The restructuring of Scientific Support Staff was approved by the Ministry of Earth Sciences (MoES) in 2014. Further the IMD has implemented a Flexible Compensating Scheme (FCS) for promotions from Scientist-B to Scientist-G since 2009. They refute allegations of delays in conducting departmental competitive examinations and promotions and emphasize that the IMD has consistently conducted Departmental Promotion Committees (DPC) whenever vacancies have arisen. They denied the claim that the IMD has not restructured its cadre for 60 years by referring to restructuring efforts in 2014 and the formation of committees for manpower restructuring in 2006 and 2008. It is submitted that the Group-B Scientific Cadre has a separate promotional stream and is not degraded and kept away from promotions. The restructuring has created new posts for Group-A and Group-B cadres, enhancing promotional opportunities and that the Scientific Support Staff has ample opportunities for promotion up to the level of Scientific Officer-III (a Group A post). The functions of Group A officers are distinct and not comparable to those of the Scientific Support Staff.
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4. With regard to promotion policy, as mentioned earlier, it is submitted that MoES introduced a full-fledged promotion system on a Flexible Complementing Scheme (FCS) basis for scientists from Scientist-B to Scientist-G in IMD in 2009. It is denied that Group-A Scientific Cadres receive "special packages and benefits," stating that promotions are according to the rules set by the Department of Personnel and Training (DoPT). The Scientific Support Staff have their own separate cadre stream for promotions, where they may be promoted up to the pay matrix level 12 (Scientific Officer-III) as per Recruitment Rules. Hence a promotion channel is open for the Group B Scientific Cadre to Group A following the implementation of Annexure A5. Further, a new cadre-restructuring was implemented in Group A Scientific Cadre by introducing a Modified Flexible Complementing Scheme (MFCS). It clarified that a limited FCS was already in place, and the MoES subsequently implemented FCS from Meteorologist Grade II/Scientist-B to Scientist-G in the IMD as per government guidelines. After the Ministry of Earth Sciences was formed in July 2006, a committee was established under the chairmanship of Shri S.K. Das in August 2006 for manpower restructuring in all MoES offices. Another committee was formed under Dr. Shailesh Nayak on May 1, 2008, to consider the A S Peethambaran 2025.10.17 10:48:23+05'30' -8- recommendations of the Sixth Central Pay Commission (VIth CPC). It is submitted that an order for restructuring was issued by MoES on December 16, 2014, and the department states that this demonstrates a consistent push for creating a better working environment. Following the approval of the restructuring of Scientific Support Staff, the process to frame Recruitment Rules for new posts--Scientific Officer-I, Scientific Officer-II, and Scientific Officer-III--was initiated in February 2015. The Ministry accorded approval for the new posts and the transfer of 132 Scientist-C posts to Scientific Officer-I on September 26, 2016. The draft Recruitment Rules were sent to the Department of Personnel and Training (DoP&T) in December 2016 and received final approval in October 2017. The Union Public Service Commission (UPSC) vetted the rules in February 2018. The finalized rules were sent for vetting to the Department of Legal Affairs (DoLA) on February 13, 2018, and were officially notified in "The Gazette of India" on March 7, 2018. Hence, there was no delay on the part of the IMD. Any perceived delay was attributed to the procedural complexities of creating new posts and obtaining approvals from various government ministries and departments. Therefore the allegation that applicants were deprived of promotion due to a lackadaisical attitude is described as baseless.
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5. As regards transfer it states that all posts (Scientific Assistant, Meteorologist A, Meteorologist B, Scientific Officer-I, II, and III) have an All-India liability and transfers are carried out according to existing norms and the needs of the establishment. The residency period for Scientific Officer-I is 6 years in the post of Meteorologist-B, which is in line with DoPT guidelines. The Recruitment Rules for promotion from Meteorologist-A to Meteorologist-B are being amended to a 2 year residency period, also as per DoPT instructions. Hence, the allegations regarding the residency period for Group B Scientific Cadre not being in line with DoPT guidelines are incorrect. It is admitted that promotions for the applicants have been affected due to sub-judice issues related to reservation in promotion, but states that sincere efforts are being made to effect the promotions. It clarifies that the Departmental Promotion Committee (DPC) process by the UPSC is ongoing and continuous efforts are being made to fill the posts. The respondents denied the applicant's interpretation of Annexure A13 which suggested that newly created posts would be abolished if left vacant for two years.
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6. The respondents argue that upgradation under the MFCS is given to deserving officials who fulfill all the criteria and is in accordance with instructions and guidelines from the Department of Personnel and Training (DoPT) and rebutted the averment of the applicants that the MFCS is a tool for scientists to "grab money". It is submitted that Meteorologists Grade-II have been redesignated as Scientist-B, as per a Ministry of Earth Sciences (MoES) order dated August 27, 2010. The recruitment rules are being amended to reflect this change. There is no percentage bar for essential qualifications for promotion from Meteorologist Grade-II to Grade-I (which is now equivalent to Scientist- C) and that the promotions are given as per the prevailing rules and regulations. The IMD administration and MoES are performing their duties according to the "prevailing guidelines of Government of India"
and have not made any illegal promotions.
7. Finally, the respondents states that scientists are performing exclusive administrative work due to a shortage in Group A cadres. It is clarified that scientists may have been given additional responsibilities to manage office work but are primarily performing technical and scientific duties. Further, the process of promotion from Meteorologist 'B' to A S Peethambaran 2025.10.17 10:48:23+05'30' -11- Scientific Officer I has already been initiated amd a proposal for filling up of 151 posts of Scientific Officer I was forwarded to UPSC for convening DPC. In turn, UPSC gave its observation that as these posts were vacant for more than five years, the same has come under deem abolish category and needs revival from Ministry of Finance. It is submitted that the case for revival of posts was being forwarded to Ministry of Finance for their approval, thereafter the case would be resubmitted to UPSC for consideration.
8. M.A.No.180/440/2024 was filed by the applicant to provisionally promote 5th applicant to the post of Scientific Officer I before his retirement. It is submitted in the M.A that interim orders were issued by this Tribunal to revive posts, leading to issuance Annexure R-15 order which promoted only 105 Meteorologist 'B' to Scientific Officer-I, despite 151 vacant positions. It is pointed out that there are 67 vacancies in the cadre of Scientific Officer-I as 21 officers declined the promotion. 3 rd and 5th applicants, who are Meteorologist 'B', were not promoted as per the said Annexure R-15 order because they had not completed the required residency period which is on account of the inordinate delay occurred on the part of the IMD in effecting promotions. At last, it pointed out the A S Peethambaran 2025.10.17 10:48:23+05'30' -12- case of Mr.R.C.Jayakumar (5th applicant), who is due to retire on 31.05.2024 and argued that he has completed the required combined service of 9 years in the cadres of Meteorologist 'A' and Meteorologist 'B', and that a delay in his promotion would cause irreparable hardships and prays for his provisional promotion to the post of Scientific Officer-I.
9. The respondents filed objection to M.A.No.180/440/2024 wherein they have stated that the DPC was convened by the UPSC on 22.12.2023 for the promotion of 151 posts of Scientific Officer-I in the IMD from Meteorologist 'B'. It is pointed out that a promotion process from Meteorologist 'B' to Scientific Officer-I was conducted. 105 Meteorologist 'B' officers were promoted and 5 cases were kept in a sealed cover due to vigilance/administrative reasons. Further, 7 posts were reserved for PwBD (Persons with Benchmark Disabilities) category candidates as per DOP&T order dated 17.05.2022. Besides, 34 posts could not be filled because there were no eligible employees in the Meteorologist 'B' category and 3 promoted officers refused the new position and 3 others retired after joining. As on the date, it is submitted that there are 40 vacancies available for promotion from Meteorologist 'B' to Scientific Officer-I. A S Peethambaran 2025.10.17 10:48:23+05'30' -13-
10. The respondents denied the applicants' claim that 21 officers declined promotions and that there were 67 vacancies stating that this is factually incorrect. It also denies the applicants' allegation that their promotion was delayed due to the IMD's inordinate delay in effecting the promotion. The DPC for the promotion of Meteorologist 'B' to Scientific Officer-I through UPSC was convened, but a promotion list could not be released due to a status-quo order issued by the Supreme Court in the case of Union of India & Ors. vs. P.S.Sastry & Ors. On 20.01.2020 and that they tried their best to grant promotions but was unable to do so due to legal issues. As regards the contention that 5th applicant is entitled to be promoted as SO-I, it is stated that according to the draft seniority list of Meteorologist 'B' dated 14.03.2024, the 5 th applicant's seniority position is 79 and there are only 40 vacancies available at that time. Hence, there is no merit in the said contention and the same is to be dismissed.
11. The crux of the argument presented by the applicants is Recruitment Rules which was enacted in 2018 should be read in tune with the cadre restructuring which was implmented in 2019 A S Peethambaran 2025.10.17 10:48:23+05'30' -14- with Recruitment Rules for Group A cadre which was issued then in order to give retrospective promotions to the applicants with effect from the date they became eligible under the new Recruitment Rules. Very elaborate arguments have been advanced in this regard. On the failure of the department to conduct the DPC as scheduled and the failure of the respondents to induct promotional cadres into the Group A even though there were sufficient number of vacancies and on the failure of the respondents to enact Recruitment Rules in time to the disadvantage of the applicants, while we may sympathize with the applicants in their attempt, we find that the applicants have been caused to feel aggrieved about the manner in which the issue pertaining to their grievances have been handled by the respondents. It, however, does not fall within the jurisdiction of this Tribunal to issue a direction to the respondents on the manner of issue of Recruitment Rules. That is a matter which has to be taken with the administrative ministry in consultation with the DoP&T. Directing retrospective application of Recruitment Rules which is the primary relief sought over here is not admissible.
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12. The O.A and M.A.No.180/440/2024, therefore, fails and are accordingly dismissed. No order as to costs.
(Dated this the 16th day of October, 2025)
V. RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00763/2019
1. Annexure A-1 - A true copy of the Gazette of India Notification No.GSR 1270 dated 06.10.1978.
2. Annexure A-2 - A true copy of the Gazette of India Notification No.GSR 184 dated 28.02.1991.
3. Annexure A-3 - A true copy of the Job Profile of the Officers in the lower Scientific Cadre.
4. Annexure A-4 - True copy of relevant pages of the Advertisement in Employment News dated 25-31/May 2013 of UPSC.
5. Annexure A-5 - A true copy of the India Meteorological Department (Assistant Meteorologist Grade I and Assistant Meteorologist Grade II) Recruitment Rules, 2009.
6. Annexure A-6 - True copy of the Promotion Order dated 20.01.2009.
7. Annexure A-7 - A true copy of the Order dated 19.07.2013 of the CAT Jabalpur Bench in OA No.690/2011.
8. Annexure A-8 - A true copy of the Office Order dated 01.07.2015 issued by 4th respondent regarding creation and abolition of the post.
9. Annexure A-9 - A true copy of the Office Order dated 26.09.2016.
10. Annexure A-10 - A true copy of the Recruitment Rules regulating the method of recruitment to Group A Scientific Officer notified on 07.03.2018.
11. Annexure A-11 - A true copy of the relevant page of the (DOPT) Hand Book on Refusal of Promotion.
12. Annexure A-12 - A true copy of the relevant pages of the Office Order dated 01.07.2015 issued by the 4th respondent.
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13. Annexure A-13 - A true copy of the Office Memorandum dated 12.04.2017 issued by the Department of Expenditure, Ministry of Finance, and Government of India.
14. Annexure A-14 - A true copy of the representation dated 14.09.2019 submitted by Applicant No.1 before the 4 th respondent.
15. Annexure A-15 - A true copy of the representation dated 17.09.2019 submitted by Applicant No.2 before the 4 th respondent.
16. Annexure A-16 - A true copy of the representation dated 17.09.2019 submitted by Applicant No.9 before the 4 th respondent.
17. Annexure A-17 - A true copy of the representation dated 16.09.2019 submitted by Applicant No.3 before the 4 th respondent.
18. Annexure A-18 - A true copy of the representation dated 04.09.2019 submitted by Applicant No.4 before the 4 th respondent.
19. Annexure A-19 - A true copy of the representation dated 04.09.2019 submitted by Applicant No.5 before the 4 th respondent.
20. Annexure A-20 - A true copy of the representation dated 04.09.2019 submitted by Applicant No.6 before the 4 th respondent
21. Annexure A-21 - A true copy of the representation dated 17.09.2019 submitted by Applicant No.7 before the 4 th respondent
22. Annexure A-22 - A true copy of the representation dated 04.09.2019 submitted by Applicant No.8 before the 4 th respondent.
23. Annexure A-23 - A true copy of the Order dated 28.06.2019 issued by the 4th respondent granting illegal promotions to Meteorologist Grade II.
24. Annexure A-24 - A true copy of File Note dated 03.05.2011 by the DOPT, Establishment (RR).
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25. Annexure A-25 - A true copy of the Order GI Dept. of Per. & Trg. OM No.22011/9/98 dated 14.12.2000.
26. Annexure A-26 - A true copy of Office Order dated 01.07.2015 issued by the Director General of Meteorology Gazette of India Notification No. GSR 1270 dated 06.10.1978.
27. Annexure A-27 - A true copy of DOPT Order No.AB14017/61/2008-Estt. (RR) dated 24.03.2009.
28. Annexure A-28 - A true copy of the Office file note of the 4th respondent in Contempt Petition No.200/006 of 2014 C.A.T.Jabalpur.
29. Annexure A-29 - A true copy of the Reply given by Minister for Ministry of Earth Sciences in Parliament in reply to Unstarred Question 3543 on 15.12.2011.
30. Annexure A-30 - A true copy of Office Order No.E(I) 885(FCS)/2009 dated 27.11.2009 issued by the 4 th respondent.
31. Annexure A-31 - A true copy of Office Order No.A- 32013/Sc.F/2010-E(1) 01.04.2010 issued by the 4 th respondent.
32. Annexure A-32 - A true copy of Proposal No.A-
32025/MBPS/2017/E-III/SFS submitted by India Meteorological Department to Ministry of Earth Sciences.
33. Annexure A-33 - A chart showing the dates of actual promotion granted and dates of eligible promotion of the applicants.
34. Annexure A-34 - A true copy of the Dr.Devendra Pradhan Committee for Merit Based Promotion Scheme in Gr.B Scientific Cadre of IMD.
35. Annexure A-35 - A true copy of the DOPT OM No. 22011/9/98- ESTT (D) dated 14.12.2000.
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36. Annexure A-36 - A true copy of the Vacancy Position of Meteorologist-B with effect from October, 2017 in India Meteorological Department.
37. Annexure A-37 - A true copy of the RTI Online Status Form dated 10.11.2022 of India Meteorological Department.
38. Annexure A-38 - A true copy of the Draft Seniority List of Meteorologist-A as on 01.01.2021 of India Meteorological Department.
39. Annexure R-1 - Copy of SLP Diary No. 41144/2019.
40. Annexure R-2 - Copy of Office Memorandum dated 10.09.2010.
41. Annexure R-3 - True copy of DoPT OM dated 12.04.2022.
42. Annexure R-4 - True copy of promotion order dated 26.09.2022.
43. Annexure R-5 - True copy of the File No. 2(17)/E-III Desk/2012 dated 11.11.2014.
44. Annexure R-6 - True copy of the Gazette Notification dated 23.08.1986
45. Annexure R-7 - True copy of the office order dated 27.08.2010.
46. Annexure R-8 - True copy of the relevant pages of the Unified RR dated 19.09.2012.
47. Annexure R-9 Series - True copy of the promotion orders.
48. Annexure R-10 - A true copy of the office order dated 04.03.2016 and the relevant extract of the Seniority List dated 01.11.2015.
49. Annexure R-11 - True copy of the proposal for revival of posts.
50. Annexure R-12 series - True copy of the promotion orders (7nos.).
51. Annexure R-13 - True copy of the Office Order dated 26.07.2023.
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52. Annexure R-14 - True copy of the proposal dated 30.08.2023.
53. Annexure R-15 - True copy of the Office Order dated 28.12.2023.
54. Annexure R-16 - True copy of the proposal dated 15.05.2024 forwarded to the MoES.
55. Annexure R-17 - True copy of the seniority list dated 14.03.2024.
____________________________
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