CENTRALADMINISTRATIVETRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 535/2015 Reserved on: 20.11.2025 Pronounced on: 17.12.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member(A)

1. Patel Vipulkumar Ramanlal S/o Patel Ramanlal Ramjibhai R/o B-9 Scientist Hostel, NTRO Near SSB 25th Battalion Mehrauli-Gurgaon Road Land Mark-Metro Pillar-154 New Delhi-110047 Scientist 'C' in NTRO (Age 32 years)

2. Anindya Kundu S/o Monoranjan Kundu R/o DS-21, MS Block, 6th Floor, Central Govt. Hostel Complex, 7 Merlin Park, Ballygunge, Kolkata Scientist ‘C' in NTRO (Age 32 years)

... Applicants (By Advocate: Mr. Ajesh Luthra)

Versus National Technical Research Organisation Through Chairman Block-III, Old JNU Campus Ber Sarai, New Delhi-110067.

... Respondent (By Advocate: Mr.Gyanendra Singh)

ORDER Hon’ble Dr. Anand S, Khati, Member (A) :

In the present Original Application (O.A.) filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have sought for the following reliefs:

“(i) Direct the respondents to consider and grant the FCS benefit /

promotion to the applicants to the next higher grade of Scientist ‘C’ w.e.f. 1.1.2010 and/or 1.7.2011 or in the alternate w.e.f. 1.1.2012 with all consequential benefits including monetary benefits.

(ii) to pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”

2. Briefly stated, the applicants were appointed on 24.07.2008 and 26.08.2008 as Scientists ‘B’ with the respondents and upon three years of service, a Scientist ‘B’ is eligible for promotion/upgradation to the next grade, viz. Scientist ‘C’ under the Flexible Complementing Scheme (FCS). Pursuant to FCS, the respondents issued a memorandum dated 09.02.2012 (Annexure A/2) declaring 30 Scientists having been cleared by the Assessment Board for conducting their interviews, however, the names of the applicants did not figure in the said memorandum. The applicants preferred several representations followed by reminders (Annexure A/4 colly.), but no below benchmark ACRs had been communicated to them prior to the said memorandum and even thereafter till date. In October, 2013, some other Scientists were given upgradation but applicants still left out. Subsequently in September, 2014, the applicants were assessed and vide order dated 14.10.2014 (Annexure A/5), the applicants were granted upgradation under FCS benefit w.e.f. 01.01.2013 (Sl.Nos. 6 and 3 of the order, respectively), while several others who had also joined in 2008, have been given the benefit w.e.f. 01.01.2012. It is submitted that similar relief has been granted by the respondents for 2010 and 2012 batch after the Court’s orders vide order dated 17.10.2014 (Annexure A/10). It is also submitted that the respondents have granted FCS benefit to those candidates who are M.Sc. (Mathematics) and not even eligible for the post of Scientist. On the contrary, as per respondents own norms (Familiarization Programme), Ph.D. is treated as equivalent to 4 years experience and M.Tech. as two years experience. Thus, both the applicants who were M.Tech. even prior to their joining, are required to be granted FCS benefit from Scientist ‘B’ to Scientist ‘C’ w.e.f. 01.01.2010. However, despite several representations for grant of FCS from the due dates as no below benchmark ACR was communicated to them, the rectification has not been done by the respondents. Hence, this O.A.

3. It is argued by the learned counsel for the applicants that the case of the applicants ought to be covered under the OM dated 10.09.2010 and not by the OM dated 09.11.1998. He submitted that the date of consideration is 01.01.2012, however, prior to that, the OM dated 10.09.2010 had came into effect, which reads as under:

“A Flexible Complementing Scheme (FCS) for scientists is in position in some of the scientific Ministries/Departments of the Government of India and the same is presently governed by the guidel