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2015 Supreme(Del) 4016

S.RAVINDRA BHAT, VIPIN SANGHI
Sunil Alag – Appellant
Versus
Union of India – Respondent


For the Petitioner:Mr. Arun Bhardwaj and Mr. Piyush Gaur, Advocates.
For the UOI :Mr. Amit Mahajan, CGSC, Mr. Nitya Sharma and Mr. M.P. Singh, Advocates with Mr. Poulose, Section Officer, DOPT.

JUDGMENT :

S. Ravindra Bhat, J.:--

1. This petition under Articles 226/227 of the Constitution of India questions the correctness of an order of the Central Administrative Tribunal [hereafter “CAT”] in O.A. No. 4231/2011 and O.A. No. 4560/2011 dated 24.09.2013. The CAT negatived challenges to the decisions of the Appointments Committee of the Cabinet (“ACC”) dated 8.4.2009 and 15.11.2011, denying promotion to the petitioner to the grade of Scientist “G” (and promoting certain others).

2. The brief facts are that the petitioner is a Master of Technology, having graduated from IIT in 1982. He joined Central Government service in the grade of Scientist “C” in what is now the Department of Electronics and Information Technology, on 16.4.1987 (“DoE”). The Petitioner was promoted to the grades of Scientist “D”, “E” and “F” on 2.1.1992, 19.4.1998, and 24.1.2001, respectively.

3. Through a notification issued by the Department of Personnel and Training (DoPT) on 9.11.1998, the “Flexible Complementing Scheme” for promotion was made applicable to the petitioner’s department. An Annexure to the Notification, defined “scientists” and “engineers” as follows:

“They should be engaged in research, des







































































































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