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UDAY UMESH LALIT, AJAY RASTOGI
Union of India – Appellant
Versus
Vinay Kumar – Respondent
ORDER :
1. In this group of matters, Civil Appeal No. 6359 of 2016 challenging the judgment and order dated 30.07.2014 passed by the High Court1 [The Division Bench of the High Court of Delhi at New Delhi] in Writ Petition (C) No. 2357 of 2014 is taken as the lead matter and the facts pertaining to said appeal are stated in brief for the purposes of dealing with the issues raised in this batch of cases.
2. The respondent-Vinay Kumar was appointed as Scientific Officer on 24th April, 1992 and was given requisite benefit under “Flexible Complementing Scheme (“the Scheme” for short) as Scientist ‘C’ with effect from 1st January, 1999. In terms of the Scheme, his case for being considered for the next higher grade as Scientist ‘D’ ought to have been taken up soon after completion of four years but it was done around December, 2003.
3. The respondent therefore represented that in terms of the Scheme, he be given the scale of Scientist ‘D’ with effect from 1st January, 2003. His representation having been rejected, he approached the Central Administrative Tribunal (‘the Tribunal’, for short) by filing Original Application No. 1476 of 2009. The Tribunal allowed his application relying upon t
Delays in promoting scientists contravened established guidelines, necessitating timely adherence to eligibility dates under the Flexible Complementary Scheme.
Promotion under FCS effective from eligibility date, not assumption of charge; delays by assessment committee cannot prejudice eligible scientists.
Promotion rights under 1983 Rules remained valid until 31.12.2010; retrospective application barring is irrelevant to promotions earned prior to 2011.
The modified FCS for promotion of scientific officers is constitutional, not discriminatory, and ensures uniformity in designation, pay scales, and residency period, promoting excellence through rese....
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