JUDGMENT :

J.K. Maheshwari, J.

1. This Appeal has been filed by the appellants challenging the judgment dated 26.09.2008 passed by the High Court of Orrisa at Cuttack (for short “the High Court”) in Writ Petition (C) No. 7080 of 2005. By the said judgment, the High Court, while allowing the writ petition issued certain directions in supersession of the directions issued in O.A. No. 148 of 2001 by the Central Administrative Tribunal, Bench at Cuttack (for short “the CAT”) by its order dated 04.05.2005. The order of the Tribunal had been assailed before the High Court by the respondent no. 1 herein.

2. The facts in brief are that, at the time of filing O.A. No. 148 of 2001 on 22.04.2001 before the CAT, the respondent no. 1 was working as Principal System Analyst (Scientist D) in the National Informatics Centre, Cuttack. As recommended by the 5th Pay Commission, a promotion policy known as Flexible Complementing Scheme (for short “FCS”) was introduced vide office memorandum dated 09.11.1998 by Department of Personnel and Training. During the pendency of the original application filed by the respondent no.1 before the CAT, Ministry of Information Technology vide office memorandum dated 06