Promotion under FCS effective from eligibility date, not assumption of charge; delays by assessment committee cannot prejudice eligible scientists.

ORDER (ORAL)

Per: Justice S.Sujatha ...........Member(J)

The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“a. Pass necessary orders declaring that the order passed by the Respondent No.2 excluding the Applicant is illegal, arbitrary and wrongful and as a consequent quash the order dated 06.07.2022 issued by the Respondent No.2 (Annexure A13) .

b. Pass necessary order declaring the response dated 17.08.2022 issued by the Respondent No.2 as illegal and consequently strike it down.

c. Pass necessary orders directing the Respondent No.2 to issue a fresh list including the name of the Applicant in the list of names of the candidates who are eligible to participate for promotion from Scientist ‘B’ to Scientist ‘C’.

d. Pass any other order/s or direction which this Hon’ble Tribunal deems fit in the interest of justice and equity.

e. Pass necessary orders directing the Respondent No.1 to include the name of the applicant in the list of candidates promoted vide order dated 21.09.2022.

f. Pass necessary orders quashing the orders dated 30.12.2022 issued by Respondent No.1 (Annexure A22) and order dated 31.12.2022 issued by Respondent No.2 (Annexure A23) and direct the Respondents to issue fresh orders of promotion from the date of eligibility of the candidates, based on the assessment already done of the 59 scientific officers.

g. Pass necessary order granting liberty to the applicant herein to make representation to the Respondents for consideration of her candidature for relaxation of residency period.”

2. Briefly stated the facts as narrated by the applicant are that the applicant was working as a Scientist of the grade Scientist ‘B’ in the Respondent No.2 organization at the time of filing of the OA. Pursuant to successfully clearing the examination conducted by the UPSC in the year 2012 securing All India rank-2, the applicant was shortlisted for the post of Junior Hydrogeologist, Scientist ‘B’ (Group A) by the Respondent No.2. Respondent No.1 issued an offer of appointment to the applicant to join as Junior Hydrogeologist in the Respondent No.2 organization and the same was accepted by the applicant vide letter of acceptance dated 09.03.2015. The applicant was given time period of 35 days to join the office to discharge her duty, however, she joined on 23.03.2015 well within time prescribed for joining. Subsequent to the applicant taking charge as Junior Hydrogeologist, she was put on probation for two years and the same was concluded on 23.03.2017. As part of regular transfer scheme, the applicant was transferred vide office order dated 05.06.2018 from Raipur to CGWB office at Bangalore and joined her duties at the office of the Respondent No.2. To encourage and incentivise the Scientists in India, the Department of Personnel and Training (DOPT) has formulated a scheme known as “Flexible Complementing Scheme” (FCS). The FCS is a scheme by which the scientific personnel, such as applicant herein, are provided with a promotional, financial and grade incentive, if they are found fit in the assessment conducted by the Board of Assessment to the various positions like Scientists ‘B’ to Scientists ‘C’ and Scientist ‘C’ to Scientists ‘D’. The Recruitment Rules which govern the Respondent No.2 are affected by this FCS issued by the Department of Personnel and Training and in-situ promotion of the Scientists is governed by the Recruitment Rules. In the backdrop of the Recruitment Rules and the existing FCS, the Respondent No.2 called for Annual Work Reports (AWR) from the