Delays in promoting scientists contravened established guidelines, necessitating timely adherence to eligibility dates under the Flexible Complementary Scheme.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A):

The instant OA has been filed by Ms. Catherine Louis and 38 other similarly placed applicants under section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:-

"i) to allow the O.A. of the applicants and direct the Respondents to ante-date the award of promotion under the FCS to the next grade to the Applicants as per their respective eligibility as mentioned above and as on the due dates mentioned above respectively, after considering the period of services rendered by the Applicants with all consequential benefits; and/or

ii) to pass any other and further orders as may be deemed fit and proper in the interest of justice.”

2. The factual matrix of the case as per the counsel of the applicants is that the applicants who are working as Scientists Grade C in Central Ground Water Board, Department of Water Resources River Development & Ganga Rejuvenation (CGWB), New Delhi are aggrieved by their late promotion to the post of Scientist Grade C under Flexible Complementary Scheme (FCS) which was not according to their date of eligibility. Counsel for the applicants clarified that though the applicants have already got promotion however, those promotions have been given to them after the date of entitlement and with an approximate gap of different periods as has been mentioned in the list provided in the OA. For more clarity the said list is reproduced below:-

Counsel has raised plea that the applicants were not promoted in terms of the directions of the Hon’ble Apex Court in SLP No. 6864/2011 in Union of India vs. S. K. Murti wherein it was directed to grant benefits of FCS to all the similarly placed applicants. However, the same was not granted to the applicants herein. Also the respondents have ignored the orders dated 29.05.2014 passed by this Tribunal in OA No. 1926/2013 in the case of Dr. A. Duraisamy wherein it was held that the retrospective/ante date in-situ promotion under FCS in respect of Scientists was to be granted which was not granted to the applicants. Even the respondents vide office order dated 23.04.2013 categorically submitted that the applicants would be entitled for promotion as per the seniority under FCS in Dr. A. Duraisamy ’s case. According to the counsel the FCS which is a promotion policy for Scientists provides that a minimum period of residency of three years has to be completed by a Scientist B to be eligible for becoming Scientist C. Pursuant to the same, an assessment had been carried out for the period from 29.07.2015 to 01.07.2020 and the applicant no. 1 became eligible for promotion on 01.07.2020. However, she was given in-situ promotion only on 31.12.2022 causing irreparable loss of 2 years and 6 months. In the same way, the promotions of other applicants were also delayed. Counsel highlighted that as per FCS for promotion, the Department Review Committee was to be constituted twice a year i.e. 1^st January and 1^st July of every year for those who have completed the fixed tenure as per FCS. The effective dates of promotion for those who were found eligible for promotion would be 1^st January or 1^st July of the subsequent year as the case may be. However, the applicants were not granted the said benefit as per FCS. Aggrieved by the non action of the respondents in ante dating their promotions the applicants through their Association approached the respondents and requested for implementation of the judgment of the Hon’ble Supreme Court dated 02.05.2011 in SLP (C) No. 6864/2011 in UOI & Anr. vs. S. K. Murti, but to no avail. Thus, they are before this Tribunal to ventilate their grievance.

3. Counsel for the applicants reiterated the factual background of the case in his grounds. However, few fresh gro