Reserved (On 17.12.2025)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR Dated : This the 18^th day of March 2026 Hon’ble Mr. Justice Akhil Kumar Srivastava, Member (J)

Hon’ble Ms Mallika Arya, Member (A) Original Application No. 1097 of 2015 Hari Om Saxena S/o Shri Ramesh Chandra Saxena Aged about 34 years, presently working as Scientist ‘C’ T.F.R.I. Jabalpur – 482021, R/p M/12, TFRI Colony, P.O. R.F.R.C. Mandla Road, Jabalpur (M.P.) PIN-482021.

…….Applicant By Adv: Shri Harish Chandra Singh V E R S U S

1. Union of India through the Secretary, Ministry of Environment, Forest and Climate Change Indira Paryavaran Bhawan, Jorbagh Road, New Delhi, PIN-

110003.

2. Director General Indian Council of Forestry Research &

Education (ICFRE) P.O. New Forest, Dehradun (Uttarakhand) PIN 248006

3. Director Trapical Forest Research Institute (TFRI) P.O.

PIYUPIYU SH SH RFRC, Mandla Road, Jabalpur 482021.

CHANCHAN ……..Respondents By Adv: Shri K.C. Ghihldiyal, Sr. Adv alongwith Shri H.C. Singh and Shri S.K. Mishra

O R D E R

By Ms. Mallika Arya, AM The applicant by way of filing the instant original application has prayed to promote / upgrade him as Scientist ‘C’ w.e.f. 01.01.2011 by opening the result of the applicant kept in a sealed cover. His marks / grading should be recasted based on the APARs and arrears with interest @ 12% per annum should be paid to him.

2. The facts of the case are that the applicant was working as Scientist ‘B’ at Rain Forest Research Institute, Jorhat (Assam). He was transferred from Jorhat to CSFER Allahabad on 09.03.2009 and again transferred from Allahabad to Tropical Forest Research Institute (TFRI) Jabalpur on 28.06.2010. His next promotion was for the post of Scientist Gr. ‘C’ in a time bound manner. The Indian Council of Forestry Research and PIYUPIYU Education Group ‘A’ (Scientific Posts) Rules 2001 were amended SH SH CHANCHAN by the Director General ICFRE with the approval of Board of Governors by adopting the modified Flexible Complementing Scheme (FCS). The amendment came into force w.e.f. 01.01.2011. A copy of the notification dated 24.08.2011 and

10.09.2010 is enclosed as Annexure A-5. Para 5.5 of the said rules provided for two level of assessment for FCS. The first one would be an internal level for screening purpose and the second level would have majority of external members. As per para 5.7.1 of the Rules, the Assessment Board Departmental Peer Review Committee would undertake level-2 assessment of all suitable ‘F’ and ‘G’ Scientists. The case of the applicant is for upgradation from Scientist Group ‘B’ to Group ‘C’. The effective date of promotion for those who are found eligible for promotion shall be the due date of eligibility as on 01^st January, 01^st July of the relevant year. For promotion/upgradation from scientist 'B' to 'C' the minimum residency period linked to performance is three years. As such on completion of three years of service the applicant was due for promotion on 5.2.2010. Applicant was screened for promotion with due date of 01.01.2010. The next meeting was held on 13.10.2011. The applicant was not considered as he was screened ‘out’ by the committee in their PIYUPIYU SH SH meeting held on 13.10.2011. Applicant sought a copy of the CHANCHAN assessment report from the department which was supplied to him under RTI vide letter dated 07.12.2011 (Annexure A-7). The information supplied to him is as under :-

“PEER GROUP REVIEW REPORT

1. Grading of the S&T content of work reported as per Annexure-

111 (73.9) (Not clear from vigilance angle, Result recommended to be put in seated cover)

2. Specific Innovation elements recognized (a) Evaluation of Quality of NWFP

3. Relative Assessment of the work reported vis-a-vis peera in the area amongst.

Top 1-10, 11-33, 34-50, 51-57 and below 25

4. Assessment of the work done during the residency period Scientist Progress not matching observational results, lacking dependability.

5. Specific highlights of the S&T content of the work done.

6. Overall grading o