Indian Kanoon - Search engine for Indian Law

3. It has further been averred that in January 2019, the 'NTRO' (Respondent No. 1) issued an advertisement for the post of Scientist 'H' to work as Head, Artificial Intelligence (AI) and High Performance Computing (HPC) Missions on direct recruitment basis. The applicant applied for the said post and after interview and screening process as well as the approval of the Appointments Committee of the Cabinet, she came to be selected and appointed as Head of the Artificial Intelligence (AI) and High Performance Computing (HPC) Missions at 'NTRO' on 11.05.2018. The applicant accepted the said post of Scientist 'H' and requested for some more time to join duties vide her letter dated 08.06.2018 which came to be considered favourably permitting her to join the duties by 25.06.2018. Meanwhile, she was relieved from 'DRDO' consequent upon the technical resignation from the post of Scientist 'G'. It has been stated that the applicant reported to 'NTRO' on 25.06.2018 and on her appointment as Scientist 'H', she was posted as Centre Director, Centre for Artificial Intelligence in Level 15 of the pay matrix as per the 7th CPC. It has further been averred that the applicant had been diligently working in 'NTRO' and was in the process of establishing the Centre for Artificial Intelligence at Bangalore. She had been voluntarily and regularly submitting detailed reports of her work to headquarters of the 'NTRO'. However, without any prior intimation, her services were dispensed with and she was ordered to be repatriated to her parent cadre in 'DRDO' vide order dated 12.02.2019.She made a representation on 13.02.2019 stating therein that pursuant to her appointment as Scientist 'H' in the 'NTRO', she has been relieved from her duties as Director, CAI with instructions to report her parent cadre in 'DRDO'. It has been stated that the applicant reported to 'DRDO' in due deference to the order of 'NTRO' and requested that she may be appointed to a suitable post in 'DRDO'. On 19.02.2019, the applicant submitted one more representation stating therein that she was appointed as Scientist 'H' on 25.06.2018 and she had been working in the said post till her premature repatriation to her parent cadre in 'DRDO'. In the said representation, she made a request that her case be treated as one of transfer to 'DRDO' in public interest rather than that of premature repatriation. It has still further been averred that there was no response to said representation and, therefore, the applicant submitted yet one more representation on 19.03.2019 to 'NTRO' informing therein that her premature repatriation and instructions to report to her parent cadre had resulted into an administrative and legal limbo and that she had not received any salary since the month of February, 2019. In the said representation, the applicant made a request to reinstate her back in the services of 'NTRO' enabling her to apply for VRS and allow her to retire in the post of Scientist 'H'.

5. The respondents by way of filing a joint statement of reply have opposed the Original Application stating therein that the 'NTRO' is an organization under the National Security Adviser in the Prime Minister's Office. The 'NTRO' issued a recruitment notice on 11.01.2018 to fill up two posts of Scientist 'H' in Level 15 of the pay matrix on deputation basis including short term contract. Subsequently, a corrigendum was published in the Employment News (3-9 February 2018) to fill up these vacancies on deputation (including short term contract)/absorption failing which by direct recruitment basis. One of these two posts of Scientist 'H' was for heading the Artificial Intelligence and High Performance Computing (HPC) Missions at 'NTRO'. In response to these recruitment notices, the applicant, holding the post of Scientist 'G' in Level 14 of the pay matrix in the Centre for Artificial Intelligence and Robotics (CAIR) of 'DRDO' at Bangalore, applied for the aforesaid post of Scientist 'H'. Her application was forwarded by her parent organization i.e. 'DRDO' to 'NTRO' to consider her candidature for the post of Scientist 'H' on direct recruitment basis. It has been averred that after following the due process and consequent upon approval of the Appointments Committee of the Cabinet, an offer of appointment was issued by 'NTRO' vide Memorandum dated 11.05.2018 for appointment of the applicant as Scientist 'H' in Level 15 of the pay matrix as per the 7th CPC, to head the Artificial Intelligence (AI) and High Performance Computing (HPC) Missions at 'NTRO' on direct recruitment basis with effect from the date of her assumption of charge of the post and till the date of her superannuation or until further orders, whichever is earlier. The applicant was permitted to join duty by 25.06.2018 after having considered her request for extension of joining time in view of the completion of procedural requirement on relieving from her parent organization i.e. 'DRDO'. It has further been averred that the mandate of the post of Scientist 'H' in 'NTRO' is to head Artificial Intelligence and High Performance Computing Missions in connection with highly sensitive strategic projects in the interests of the National Security. The applicant's lack of required aptitude for the kind of work that has to be done in 'NTRO', being an intelligence agency, necessitated to not to continue her appointment as Scientist 'H' during the period of probation in 'NTRO' and as such she had to be reverted to her previous organization i.e. 'DRDO' where she was holding lien on the post of Scientist 'G' immediately before her appointment in 'NTRO' as Scientist 'H' on direct recruitment basis. Pursuant to approval of the Appointments Committee of the Cabinet for premature repatriation of the applicant from the post of Scientist 'H' in 'NTRO', as per the terms and conditions of her appointment, she was relieved from 'NTRO' on 12.02.2019 with instructions to report back to her parent cadre i.e. 'DRDO' where she was holding the lien on the post of Scientist 'G'. It has further been averred that according to the terms and conditions in the offer of appointment Memorandum dated 11.05.2018, the applicant's appointment to the post of Scientist 'H' in 'NTRO' was purely on temporary basis and was terminable without assigning any reason. The applicant was under

6. While filing rejoinder to reply statement, apart from reiterating the facts already pleaded in Original Application, the applicant has further submitted that her sincerity and diligence during her brief seven months' tenure with 'NTRO' is well-documented in the regular fortnightly update reports which she had sent to the Chairman, 'NTRO' and none of which evoked a single response. It has been averred that the arbitrary dismissal and the consequent repatriation of the applicant amounts to penal action without any cause as it results in reversion and loss of her seniority and the order is against the principles of natural justice. It has further been averred that the applicant's termination was a premeditated decision taken soon after her appointment and had no relation to her performance. The decision could not have been taken on the basis of her performance because when the file was moved to the Appointments Committee of Cabinet, she had spent hardly any time in the 'NTRO' and had not even been provided the basic resources needed to do her work. The then Chairman in whose tenure the applicant was selected on 25.06.2018, retired two months later on 31.08.2018. Five out of the seven months tenure of the applicant with 'NTRO' was after the change of guard and during this period she continued to work hard and was even effusively praised by Respondent No. 1 for her work as recent as in January, 2019. In her pleadings, the applicant has taken strong exception to the contention of respondents that she lacked required aptitude for the kind of work that has to be done in 'NTRO'. According to her, the adverse contentions of respondents are professionally damaging and she has denied those contentions vehemently. By narrating her various experiences earned during her entire service tenure, it has further been stated that no assessment regarding her actual professional worth could have been conclusively made without providing her the resources and necessary means. It has further been averred that the applicant, a Scientist 'H' level officer, equivalent to Additional Secretary of the Government of India was not even issued a single warning indicating any shortcomings in her work. She was never warned about her alleged lack of aptitude neither she was appraised by different assessors nor counselled to improve her performance as required by the rules prior to arbitrary termination of her services.

12. The applicant herein while holding the post of Scientist 'G' in Level 14 of the pay matrix in the Centre for Artificial Intelligence and Robotics (CAIR) of 'DRDO' at Bangalore applied for the post of Scientist 'H' in response to the aforesaid recruitment notices. Her application was duly forwarded by her parent organization i.e. 'DRDO' to the 'NTRO' to consider her candidature for the post of Scientist 'H' on direct recruitment basis.

13. After following the due process and consequent upon approval of the Appointments Committee of the Cabinet (ACC), an offer of appointment was issued to the applicant vide 'NTRO' Memorandum dated 11.05.2018 for her appointment as Scientist 'H' to head the Artificial Intelligence (AI) and High Performance Computing (HPC) Missions at 'NTRO'. The said memorandum of offer of appointment contained a clause that the applicant shall be on probation for a period of one year from the date of appointment, which period may also be extended at the discretion of the competent authority. The applicant accepted the said offer of appointment and she was permitted to join her duties as Scientist 'H' by 25.06.2018. Consequent upon acceptance of her technical resignation from the post of Scientist 'G' in 'DRDO', the applicant was relieved from 'DRDO', CAIR, Bangalore vide order dated 22.06.2018 and thereafter she joined the services of 'NTRO' as Scientist 'H'. The mandate of the post of Scientist 'H' in 'NTRO' was to head the Artificial Intelligence and High Performance Computing Missions in connection with the highly sensitive strategic projects in the interests of National Security.