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2008 Supreme(SC) 2110

S.B.SINHA, CYRIAC JOSEPH
CSIR – Appellant
Versus
Ramesh Chandra Agrawal – Respondent


Advocate Appeared:
P.S. Patwalia, R. Venkataramani and Jaideep Gupta, Sr. Advocates with Praveen Swarup, Devesh Tripathi, Vijay Kumar, Vishwajit Singh, J.M. Sharma, Satya Mitra Garg, Mukesh Verma, Yash Pal Dhingra, M.P. Shorawala, Ms. Mridula Ray Bharadwaj, Advocates.
For the Caveator : Dr. (Ms.) Kumkum Rani, In-person (NP).

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. Appointm

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