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DELHI HIGH COURT
RAJIV SHAKDHER, JASMEET SINGH
Union of India – Appellant
Versus
Mahabir Dixit – Respondent
| Table of Content |
|---|
| 1. summary of writ petitions and parties involved. (Para 1 , 2) |
| 2. background and rules governing promotions within csmrs. (Para 6) |
| 3. issues raised by private respondents regarding timing of promotions. (Para 7 , 8) |
| 4. petitioners' arguments regarding alterations in promotion rules. (Para 11) |
| 5. respondents' arguments defending applicability of 1983 rules. (Para 12) |
| 6. court's analysis of the applicability of the 1983 and 2010 rules. (Para 13 , 14 , 15 , 16 , 17) |
| 7. final judgment dismissing the writ petitions. (Para 21 , 22 , 23) |
JUDGMENT
Rajiv Shakdher, J.
Table of Contents
Preface
Background
Submissions on behalf of the petitioners
Sumbissions on behalf of the respondents
Analysis and Reasons
Conclusion
Preface:
1. The above-captioned writ petitions raise common issues for consideration, although the orders passed by the Central Administrative Tribunal [hereafter referred to as `the Tribunal'1/2] have been passed in separate Original Applications (OAs). For the sake of brevity, the details concerning orders passed in various OAs, which have been assailed in the above-captioned writ petitions, are set forth hereafter:
| W.P.(C) No. | Order impugned in W.P.(C) | OA in which th | |
Promotion rights under 1983 Rules remained valid until 31.12.2010; retrospective application barring is irrelevant to promotions earned prior to 2011.
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.
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....
Ad-hoc service cannot be counted for seniority or promotion, and the period spent on deputation or foreign service can be counted as qualifying period for promotion, but ad-hoc service does not count....
Ad-hoc service does not count towards eligibility for promotion under recruitment rules, and cannot confer rights for regular promotion or seniority.
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