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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
V. P. S. Tomar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The present writ petition has been filed by the Petitioner being aggrieved by the Order dated 12.08.2005 passed by the Central Administrative Tribunal in O.A. No. 604/2004. The facts of the case reveal that the Respondents came up with a new promotion policy for scientific officers working with the Government of India and considered all eligible Scientific Officers for the same, including the Petitioner before us. Upon assessment, the Petitioner was not found fit for promotion. Aggrieved thereby, the Petitioner has approached the Court impugning the entire policy, primarily on the ground that it is arbitrary, lacks objectivity and is discriminatory.
2. The facts that have led to the institution of the instant petition are that the Petitioner before this Court originally joined as Senior Scientific Officer- I in the Department of Science and Technology, Government of India. In 1998, in pursuance of the recommendations of the 5th Pay Commission, the Respondent introduced a new system of promotions for scientists working in various departments. The Government of India took a policy decision for grant of promotion in terms of a modified Flexibl
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....
Delays in promoting scientists contravened established guidelines, necessitating timely adherence to eligibility dates under the Flexible Complementary Scheme.
Promotion rights under 1983 Rules remained valid until 31.12.2010; retrospective application barring is irrelevant to promotions earned prior to 2011.
Promotion under FCS effective from eligibility date, not assumption of charge; delays by assessment committee cannot prejudice eligible scientists.
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