Departmental candidates considered for promotion via composite deputation process; no right to separate promotion quota without rule amendment.

(Reserved on 10.02.2026)

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD Allahabad, this the 16^th day of February, 2026 Original Application No. 1143 of 2013 Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Hon’ble Mr. Mohan Pyare, Member (Administrative)

Dr. Chitra Yadav, Aged about 46 Years, W/o Sri G. P. Yadav, working as Research Assistant (Org. Chemistry), National Sugar Institute, Kanpur. R/o House No.E-3, NSI Campus, Kalyanpur, Kanpur Nagar.

....Applicant By Advocate: Shri L.M. Singh Shri M.K. Yadav Shri S.K. Yadav Versus

1. Union of India, through the Secretary, Consumer Affairs, Food &

Public Distribution, Department of Food & Public Distribution, Krishi Bhawan, New Delhi.

2. The Chairman, Union Public Service Commission, Dhaulpur House, New Delhi.

3. The Director, National Sugar Institute, Department of Food, Ministry of Food & Civil Supplies, Government of India, Kanpur.

....Respondents By Advocate: Shri Praveen Shukla Shri Prashant Mathur

O R D E R

By Hon’ble Mr. Mohan Pyare, Member (Administrative):

Shri L.M. Singh, Shri M.K. Yadav and Shri S.K. Yadav, learned counsel for the applicant and Shri Praveen Shukla and Shri Prashant Mathur, learned counsel for the respondents are present.

2. By means of this OA, the applicant has sought the following reliefs :

“ 8.la Issue an order or directions calling for the records pursuant to which the order impugned dated 15.10.2013 (Annexure A-la) has been passed by the respondent No.1 and quash the same.

8.2a Issue an order or directions to the respondents to convene the DPC and consider promotion of the applicant in term of law laid down by the Honle Principal Bench in the matter of Shailendra Bhat, and Dr. Sudhanshu Mohan with all consequential benefits.

2. Issue a writ, orders or directions in the nature of mandamus commanding the respondents to consider and promote the Applicant over the post of Junior Scientific officer in National Sugar Institute, Kanpur in accordance with Recruitment Rules in-vogue in as much as the ratio of law laid down by the Hon'ble Principal Bench in the case of Shailendra Bhatt (Supra), without all consequential and financial benefits.

3. Issue any or other and further writ, order or directions which this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

4. Award the cost of the Original Application to the Applicant.

3. The applicant has filed this OA to challenge the notification published by Respondent No. 2 in Employment News dated 24–30 August 2013 for direct recruitment to the post of Junior Scientific Officer (Organic Chemistry) without considering eligible in-service staff for promotion, which is contrary to the Recruitment Rules. The applicant holds a Postgraduate degree in Chemistry with specialization in Organic Chemistry and a Ph.D. in Carbohydrate Chemistry. She was appointed as a Research Assistant in 1991 at the National Sugar Institute, Kanpur. The post of Junior Scientific Officer is the next higher post of Research Assistant. Despite completing 22 years of service, she has not received any regular promotion, though she was granted two financial up-gradations under the ACP/MACP Scheme and is presently drawing Pay Band–3 with Grade Pay of Rs. 5400/-, which is the same pay scale as that of a Junior Scientific Officer. It is submitted that it is a settled principle of law that promotion cannot be claimed as a matter of right. However, every eligible employee has a right to be considered for promotion in accordance with the law. The Hon’ble Supreme Court in several cases, including Raghunath Prasad Singh v. Secretary, Home Department, Government of Bihar (AIR 1988 SC 1033), Council of Scientific & In