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2019 Supreme(SC) 68

D.Y.CHANDRACHUD, HEMANT GUPTA
Anil Kumar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.N. Goburdhun, Mr. Prashant Chaudhary, Mr. R.K. Singh, Mr. Syed Jafar Hussain
For the Respondents: Mr. Jayesh K. Unnikrishnan, Mr. Vijay Pratap Singh

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

Leave granted.

2. The appellant was aggrieved by the rejection of his claim for financial upgradation by the Council for Scientific and Industrial Research (“CSIR”) with effect from 10 May 2011. He was also aggrieved by not being promoted to the post of Senior Controller of Administration/Senior Deputy Secretary in Pay Band-4 i.e. Rs.37,400 – 67,000 with a grade pay of Rs. 8700 in respect of vacancies for 2013-2014 under the CSIR Recruitment & Promotion Rules for Administrative Staff, 1982.

3. He moved the Central Administrative Tribunal, Chandigarh. The Tribunal did not find any substance in his grievance for the reason that he did not fulfil the benchmark of “Very Good” for financial upgradation. The Tribunal was of the view that CSIR is an autonomous body and that the circulars issued by the Union of India would not ipso facto apply.

4. The grievance of the appellant was that the failure to communicate the Annual Confidential Reports in which he had failed to meet the benchmark violated the O.Ms issued by the Department of Personnel and Training.

5. The Tribunal rejected that contention holding that since CSIR had adopted the requirement of con






















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