JUDGMENT :

S.B. Sinha, J.

These appeals are directed against a judgment and order dated 7.5.2003 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow whereby and whereunder an order dated 22.12.2000 passed by the Central Administrative Tribunal in Original Application No. 151 of 1995 as also the office memorandum dated 22.12.2000 were set aside and the appellants herein were directed to consider the case of absorption of the respondents in terms of the scheme by considering the question of relaxation with respect to their length of experience in accordance with the provisions of clause 9 thereof. It was furthermore directed that benefit with respect to breaks shall also be given to the petitioners as had been done in the case of other researchers who had been absorbed.

2. The basic fact of the matter is not in dispute.

Appellant is a society registered under the Societies Registration Act. It has laboratories situated in different parts of the country. For carrying out research works, it employs qualified persons in the post of Junior Research Fellows, Senior Research Fellows, Junior Research Associates and Senior Research Associates. Appointments for carrying out researches are also made on the basis of a scheme known as 'Quick Hire Scheme'. Research works are also carried out at the instance of the outsiders.

3. Appellant No. 1 was held to be not State by a Constitution Bench of this Court in Sabhajit Tewary v. Union of India [AIR 1975 SC 1329]. It is only at a much later date, inter alia, having regard to the fact that the Central Government issued notification in terms of Section 14 of the Administrative Tribunal Act, 1985 that the service disputes may be adjudicated upon by the Central Administrative Tribunal. A Seven-Judge Bench of this Court in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, [(2002)5 SCC 111] overruled Sabhajit Tewary (supra)

4. One Dr. Pratibha Mishra was working with the appellant. She was not absorbed in the services. She prayed for her appointment in the regular cadre of CSIR in the post of Scientist B. She had also prayed for regularisation of her services. As her prayers in that behalf were rejected, she filed an original application before the Central Administrative Tribunal, Lucknow Bench, Lucknow. By reason of a judgment and order dated 25.9.1996, the Tribunal while lamenting that the services of Dr. Mishra had not been regularised despite the fact that she had worked for 15 years, directed the appellant to formulate a scheme for absorption of scientific researchers at suitable levels, stating :

"Considering therefore, the conspectus of the case in the background of the foregoing discussions and also keeping in view the principles of equity and justice while we reject the reliefs prayed for by the applicant, we simultaneously order as below :

(i) The applicant shall continue to be paid at the existing rate until she is absorbed in one of the Scientific posts under the CSIR and her services may be utilised by the respondents during this period in an appropriate manner.

(ii) The case of the applicant shall be considered for appointment as Scientist in an existing or future vacancy, if necessary by granting age relaxation, as per CSIR Service Rules.

(iii) The respondents shall formulate a scheme for absorption of scientific researchers at suitable levels in respect of those who have put in long years of research particularly those with 15 years or more.

Or in the alternative the respondents may suitably amend CSIR Service Rules, 1994 so as to include a provision for absorption of Scientific Researchers at suitable levels in respect of those who have put in long years of research work, particularly, 15 years or more. Modifications to be made in the Service Rules may provide for grant of weightage as may be considered appropriate to the period of research work already put in, especially for purposes of relaxation in age and qualifications. Provisions of