Fcs Software Solutions Ltd vs La Medical Devices Ltd. & Ors on 9 July, 2008
Author: C.K. Thakker
Bench: D.K. Jain ... ARISING OUT OF
SPECIAL LEAVE PETITION (CIVIL) NO. 21123/2007
FCS SOFTWARE SOLUTIONS LTD. ... APPELLANT
VERSUS
LA MEDICAL DEVICES LTD. & ORS. ...RESPONDENTS
CGWB for short),
are entitled to benefit of the Flexible Complementing Scheme (FCS).
Sandeep Kumar Swaroop, the first respondent in
WP(C)No.1473/2017 ... working as Scientist-B seeks
ante dating of his promotion under the FCS.
2. The respondents, in Writ Petition No. 9413/2016, 33 in number
Secretariat of the Scientific Ministries / Departments to
higher grades under FCS. Field Experience of at least 2 years
and 5 years respectively will be essential ... assessment by the Selection Committee which assesses their
suitability for promotion under FCS, i.e. suitability with respect
to all criteria under FCS including suitability
this Writ Petition, the Petitioner
seeks to quash Office Order No. 237/FCS&CA dated 11-
12-2012, Annexure 15, removing him from service ... Office Order No.203/FCS&CA dated 16-07-2014,
Annexure 17, revoking the Office Order of termination
in order to hold a fresh
served the CSB elsewhere as regards implementation of the
Flexible Complementing Scheme (FCS), which is a non-vacancy
based in-situ promotion from one scale ... Page 2 of 16
4. The background facts are that FCS is a non-vacancy based in-
situ promotion from one scale to the next
terms of the impugned Annexure-A to Govt.
Order No.137-FCS& CA of 2016 dated 02.09.2016 has directed
the opening of new Fair ... learned counsels for the petitioners, is violative of Govt. Order
No.127-FCS & CA of 2016 dated 04.08.2016. It is, thus,
contended that
post of Director
(Scientist D) as per Flexible Complementing Scheme (FCS) had to be
prospective and the petitioner was no more in service ... promotion for the post of Director (Scientist D) in
accordance with the FCS. In this regard, the petitioner has also relied
upon the orders passed
VINOD CHATTERJI KOUL, JUDGE
JUDGEMENT
1. Petitioner seeks quashment of Order
No.FCS&CA/FPS/121/2017 dated 22-08-2017 issued by
respondent ... Revised Norms/guidelines for opening FPSs vide Government
Order no. 127-FCS&CA of 2017 dated 04.8.2016.
Page 1
OWP no.1437/2017
shall be as prescribed in Annexure 1 to this Office
Memorandum. The FCS shall not be applicable where
the criteria specified vide this Office Memorandum ... henceforth
be followed by all Scientific Ministries/Departments for
considering advancement under FCS.
(c) The recommendations of the Pay Commission that
the existing disparities
Village Dugli-B, Tehsil Bhalla, District Doda vide Government
Order No. 50-FCS&CA of 2018 dated 20.02.2018. This Government
order also directed detachment ... Dugli. On 08.03.2018, the respondent No. 1 vide Government
Order No. 64-FCS&CA of 2018 issued Fair Price Shop license in favour
