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3.2 The respondents have argued that the main controversy in the present OAs is whether Trainee Scientists under QHS could be directly absorbed as Scientists in CSIR dispensing with the requirement of issue of an advertisement in terms of CSRAP Rules, 2001. When the applicants were engaged, the words used in the advertisement were that Trainee Scientist would be considered for absorption in CSIR. No where it was mentioned that their absorption would be automatic and without going through the process specified in the Recruitment Rules. Moreover, their engagement as Trainee Scientist was only for a period of two years and there was no requirement to continue them beyond this period. The only promise that was made to them was of consideration for absorption in CSIR. The respondents are prepared to do so in accordance with the Recruitment Rules. Relying on the judgment of Honble Supreme Court in the case of CSIR and Ors. Vs. Dr. Ajay Kumar Jain, 2000(4) SCC 186, the respondents have stated that in the aforesaid judgment Honble Supreme Court has held that appointments made under various Schemes and Projects in CSIR on contract basis for a limited period do not entitle the incumbents to get absorbed against regular vacancies.

4. We have heard both sides and have perused the material on record. We have seen the advertisement issued on 27.04.2011 by which the applicants were invited to submit applications for being engaged as Scientist Trainees under the QHS. The relevant part of the advertisement is extracted below:-

The selected candidate will be designated as Scientist Trainee under Quick Hire Scientist (QHS) Scheme and they will be trained on exciting live projects so that they emerge as research-ready scientists/engineers for taking up challenging positions. Such candidates shall receive a consolidated emolument of Rs.25000 p.m. and would also enjoy other benefits as applicable to QHS of CSIR.
OA-4361/2014
6. The facts of this O.A. are similar to the OAs mentioned above. The only difference is that the applicants herein were recruited pursuant to an advertisement issued on 23.06.2012. They were also recruited as Trainee Scientists and were promised a consolidated amount of Rs.34650 p.m. They were also promised consideration for absorption in CSIR as Scientists in PB-3 with Grade Pay of Rs.6600/- provided they complete the academic programme with distinction. However, before they could be considered for absorption in CSIR, their services as Trainee Scientists were discontinued and they were informed that there was no provision in CSRAP Rules for extension of tenure of Trainee Scientists beyond a period of two years. Thus, while the applicants of earlier OAs were considered for absorption as Scientists and even issued appointment letters, the applicants herein were never so considered and their services as Trainee Scientists were discontinued by the impugned order dated 19.09.2014. They have, therefore, approached this Tribunal seeking the following relief:-
(d) Quash all consequential actions taken pursuant to the letter No. 1-1 01(11 (PGRPE)/2013-PAB) dated 19th September, 2014.
(e) Pass such further order (s) as this Honble Tribunal may deem fit and proper in the facts and circumstances of the case.
7. The applicants have argued that when they were engaged the entire procedure followed was similar to that laid down for appointment. Thus, Selection Committee comprising of a large number of Professors was constituted and its meetings were held on 20th and 21st July, 2012. Candidates were selected following the reservation policy with separate panels prepared for UR, OBC, SC and ST categories. The applicants have also argued that as per revised Rule 6.5.1 of CSRAP Rules the post of Trainee Scientist is a regular post in PB-3 with Grade Pay of Rs.5400/-. The applicants have claimed that they were duly recruited Trainee Scientists and they had a right to continue in the aforesaid post just like a regular appointee.