Central Administrative Tribunal Principal Bench, New Delhi O.A. No.624/2018 Reserved on:25.11.2025 Pronounced on:04.12.2025 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Mr.Sanjeeva Kumar, Member (A)

Sh. B. Athiyaman, Aged about 52 years, S/o S.V.Balakrishnan R/o B-307, P.M.O.Apartment, Sector-62, Noida, U.P. …Applicant.

(By Advocate: Mr.Koshy Jacop)

Versus Union of India, Through Secretary, Ministry of Earth Science, Prithvi Bhavan, Lodhi Road, New Delhi. …Respondent.

(By Advocate: Mr. Rajeev Kumar)

O R D E R Hon’ble Mr. Sanjeeva Kumar, Member (A):

By way of this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s):-

“(i) quash and set aside the action of respondent in not promoting the applicant to the level of Scientist G;

(ii) direct the respondent to consider and promote the applicant to the level of Scientist G and the promotion should be given w.e.f the date when his juniors were promoted with all consequential benefits like salary, seniority etc;

(iii) May also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice:”

2. Brief facts of the case are that the applicant after completion of his master’s degree in Computer Application from Alagappa University, Karaikudi, Tamilnadu in the year 1998 completed his Doctorate degree from Indian Institute of Information Technology & Management, Gwalior in 2017.The aforesaid degree was obtained with due permission of the office of respondent. On 21.06.1990, the respondent issued a Notification for the post of Sr. Scientific Officer-II. Thereafter, the respondent issued an interview letter on 21.03.1990 to the applicant for the said post. On 28.05.1990, following a selection process conducted by the respondent’s office, the applicant was appointed as Senior Scientific Officer-II/Programmer against a Scheduled Caste vacancy. The respondent issued further Notification on 01.08.1990 for the appointment of the applicant on regular basis.

3. It is submitted that on 06.07.1995 the respondent issued promoting the applicant from the post of Senior Scientific Officer Grade II (NCMRWF) to Senior Scientific Grade-I (NCMRWP). On 07.11.2000, the respondent issued order promoting the applicant from the post of Scientist C to Scientist 'D' and on 16.09.2004 he was promoted from the post of Scientist 'C' to Scientist 'E' and again on 02.06.2010 he was promoted from the post of Scientist 'C' to Scientist 'F'.All the promotions of the applicant upto the level of Scientist F is under Flexible Complementing Scheme (FCS).

4. It is further submitted that for the purpose of governing promotion under FCS, based upon the recommendations of 6^thCPC, the Department of Personnel & Training issued Office Memorandum dated 10.09.2010.As per the same, for the purpose of promotion from Scientist F to Scientist G, 5 years minimum residency period linked to the performance is required and as such, the applicant became eligible to be considered for promotion to Scientist G w.e.f. 01.01.2016. In terms of aforesaid Office Memorandum for the purposes of promotion from Scientist F to Scientist G, two level Screening has been prescribed namely "Level-1 Screening (Internal)” and "Level-II Screening (External)”. It is submitted that in level-I Screening which is internal, ACR of the officer is considered for which, minimum benchmark for promotion to Scientist D and above has been prescribed as “Very Good” and thereupon, at the level-II Screening which his External, the constitution of the Assessment Board has been prescribed with the majority of External Members who possess expertise in the field. The ACRs of the applicant have been rated meeting the prescribed benchmark in various years to which, the details are as under:

“Year Grading by Grading by Reviewing Officer Reporting Officer

01.01.2011 to Very Good Very Good

31.03.2011

01.04.2011 to Very Good Very Good

31.03.2012

01.04.2012 to Very Good Very Good

31.03.2013

01.04.2013 to