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 research work.

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 Flexible Complementing Scheme (FCS), meant for the promotion of Grade A officers of Science and Technology. Notably, the pre-existing FCS was amended from time to time, in view of the dynamic functional requirements and other material factors. The policy in question was issued by the Department of Personnel and Training vide Office Memorandum dated 09.11.1998 as a modified FCS for promotion of scientific officers.

3. In terms of the modified FCS, the Petitioner was deemed eligible for consideration for in situ promotion. Accordingly, his case was considered and, however, in light of the evaluation made by the Respondents, he was not found to be fit for promotion. Subsequent to the evaluation made by the competent authority, some scientific officers were promoted and others were not. Consequently, the Petitioner approached the Central Administrative Tribunal, Principal Bench, New Delhi (Hereinafter referred to as "the Tribunal") stating that his case for promotion did not receive due consideration by the Respondents under the FCS Scheme and that other Respondents (officers who were promoted under the FCS Scheme) were unduly promoted as Senior Scientific Officer Grade I by applying the modified FCS. The Petitioner also urged that the Respondent Nos. 35 to 72 (before the Tribunal) were promoted as Principal Scientific Officer in contravention of the norms laid down under the FCS Scheme, and in supersession of the Petitioner. The Petitioner's challenge before the Tribunal primarily rested upon the methodology adopted for promotions as per the modified FCS.

4. The Tribunal, upon an elaborate analysis, did not find any merit in the Petitioner's challenge and refused to allow the prayers sought for vide Order dated 12.08.2005 passed in O.A. No.604/2004. The Tribunal turned down the Petitioner's prayer seeking promotion from the post of Senior Scientific Officer-I to Principal Scientific Officer w.e.f. 23.02.1999 and further promotion from the post of Principal Scientific Officer to Director w.e.f. 23.02.2004. By the same order, the Petitioner's prayer for setting aside the promotion orders of the Respondents was also denied, thereby leading to challenge present before us.

5. The impugned Order aptly deals with the concerns raised by the Petitioner and we may briefly go through the operative portion of the same. Speaking on the rationale behind the modified FCS for promotions, the impugned policy, the Tribunal noted that the policy is meant to promote merit and is a performance-based promotion scheme. The operative para reads thus:

"9. The applicant has challenged the rationale, legality and validity of the new FCS guide-lines which became operational from 9.11.1998. The scheme is unique and different from the usual vacancy based promotion scheme. Under FCS, the