Document Fragment View

Matching Fragments

".......1. The recommendation of the Pay Commission that the modified Flexible Complementing Scheme proposed by it should be applicable in all the Departments, including the Departments of Space, Atomic Energy and DRDO without any special dispensation for any individual department, has not been accepted. The existing scheme of merit based promotion system covering the Group `A', `B', `C' Personnel, as presently applicable in the Department of Atomic Energy, the Department of Space and the DRDO shall continue.

13. The learned counsel for the appellants submitted that the Tribunal as also the High Court failed to appreciate the fact that the DPC procedure and the recording of minutes is the procedure which has been followed for more than three decades in the Department of Space. He further submitted that Para 10 of the judgment of the High Court, quoted above, suffers from an error apparent on the face of record, since the Division Bench had not adverted to the stipulations contained in the first paragraph of DPT OM dated 9.11.1998, which unequivocally states that the directions contained therein are not applicable to the DOS as in the case of the Department of Atomic Energy and the Defence Research and Development Organisation (for short `DRDO'). It was pointed out that the suggestion of the Vth Central Pay Commission to make the modified Flexible Complementing Scheme of Promotion for the Group `A' Scientists of all the Departments of the Central Government without any special dispensation has not been accepted by the Government and the merit-based promotion scheme existing in these Departments has been allowed to continue, which fact has been totally overlooked by the High Court.

15. The counsel appearing for the respondents, however, refuted the aforesaid submissions and contended that both the orders of the High Court as also the order passed by the Tribunal are legal and valid, and therefore, the directions issued in the said orders are required to be strictly complied with by the appellants. It was also submitted that the Office Memorandum dated 09.11.1998 clearly provides that the recommendation of Fifth Pay Commission for application of modified Flexible Complementing Scheme proposed by it in all the departments, including the Department of Space, Atomic Energy and DRDO without any special dispensation for any special department, had not been accepted and thus the existing scheme of merit based promotion system covering the Group `A', `B' and `C' personnel, as presently applicable in the Department of Atomic Energy would also continue to apply to the Department of Space and the DRDO also. It was also submitted that the contentions of the appellants that they are not bound to follow the procedure laid down in modified Flexible Complementing Scheme is unjustified and untenable. It was also submitted that the DPC has not recorded its findings in detail while DPC is required to record in detail its finding including the objective assessment of the merit of the candidate on each factor considered for such assessment and therefore DPC acted in derogation and in violation of its own circulars and consequently the order passed by the Tribunal to evolve a proper procedure for eliminating the elements of bias, prejudice or undue victimization of the candidates was justified.

16. In the light of the aforesaid submissions of the counsel appearing for the parties, we have scrutinised the records, particularly, the Office Memorandum dated 9.11.1998. A bare perusal of the 1st paragraph of the said Memorandum would make it crystal clear that the directions contained therein are not applicable to the department of Space as in the case of Department of Space and Atomic Energy and DRDO. It was clearly stated in the said Memorandum that the recommendation of the Fifth Pay Commission to make modified Flexible Complementing Scheme of promotion for Group `A' Scientists for all the Departments of the Central Government without any special dispensation for any individual department, has not been accepted by the Government and the merit based promotion existing in these Departments has been allowed to continue. The said stipulation in the office memorandum appears to have been overlooked by the Tribunal and the High Court while issuing the directions as contained in their orders impugned herein.