CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 28th day of January, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member Sri Y. Surya Prasad, S/o Sri Y. Satya Subrahmanyam Aged about 60 years, Occ. Retd. Director, Gr ‘A’

Central Forensic Science Laboratory Hyderabad, R/o Hyderabad.

.....Applicant.

(By Advocate: Mr. Siva)

Vs.

1. Union of India Rep. by Secretary Ministry of Home Affairs Government of India, New Delhi

2. The Director-cum-Chief Forensic Scientist Directorate of Forensic Science Services Ministry of Home Affairs, Block No. 9 8th Floor, CGO Complex, Lodhi Road New Delhi - 110 003

3. The Director, Central Forensic Science Laboratory Directorate of Forensic Science, Ministry of Home Affairs, Ramanthapur, Hyderabad-500013.

... Respondents (By Advocate: Mr. V Vinod Kumar, Sr. PC for CG)

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Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

1 0 S 0 T 0 F 0 L 4 O , L O = R H y H d A e C ra A b a B d H , A S W =T A e N la H ng Y a D n E a R , S A T B R A E D E , P T= h N on O e =

5-10-193 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b401698 ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member) By this Original Application, the applicant sought the following relief:

“This Hon'ble Tribunal may be pleased to call for the relevant and connected record relating to the proceedings No. DFSS/4/80/2014/3760, dated 15.12.2021 of the 2nd Respondent and quash or set aside the same thereby also annulling ref. No.DFSS/4(80)/2014 of the 2nd Respondent. And consequently, declare that the Applicant is entitled to all the benefits (notional fixation of pay in the post of Assistant Government Examiner of Questioned Documents; monetary benefit in pursuance of the 'notional fixation' and consequential benefits that become due and payable thereon in the higher grades) and direct that the same be released with interest from the date on which the amounts become due and payable till the actual date of payment and pass such other and further order or orders as are deemed fit and proper by this Hon'ble Tribunal under the circumstances of the case..”

2. The brief facts of the case, as stated by the applicant, are that he was appointed as Assistant Central Intelligence Officer (Grade I) and he reported to duty on 21.6.1985. He further earned promotions as Assistant Government Examiner of Questioned Documents (AGEQD); Deputy Government Examiner of Questioned Documents (DGEQD); Government Examiner of Questioned Documents (GEQD) and Director & Scientist 'E'. It is stated that one Sri M.C. Joshi was also appointed along with the Applicant and he was also promoted to all the above posts along with the Applicant. However, he was shown as senior to him from the post of DGEQD. It is a fact that the Applicant and the said Sri M.C. Joshi were similarly placed in so far as the other service benefits are concerned. The Applicant along with others were eligible for being promoted as AGEQD on and from 1991 as per the extant Recruitment Rules, 1979. As per the same, the post was liable to be filled 100% by promotion from the case of ACIO-I with six years in the grade, failing which by direct recruitment. The Rules were revised and were titled as the Bureau of Police Research and Development, GEQD, DGEQD, & AGEQD Recruitment Rules, 1993. As per the said Rules, the post of AGEQD was liable to be filled - i.) 50% by direct recruitment; ii.) 33 ⅓ % by promotion, failing which, by transfer on deputation including short-term contract/transfer) failing both, by direct recruitment; and iii.) 16 2/3 % by transfer on deputation (including short-term contract/transfer), failing which, by direct recruitment. In spite of the fact that the Applicant and others were eligible and in fact, posts were available, only due to the non-convening of the Departmental Promotion Committee, the applicant Digitaly signed by KARAN D