IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2025

C O R A M

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.No.48547 of 2025

S.Kannan ... Petitioner

-vs-

1.The Secretary to Government,

Ministry of Health and Family Welfare Department,

Union of India, New Delhi.

2.The Director General,

Indian Council of Medical Research,

V.Ramalinga Swami Bhavan,

Ansari Nagar, New Delhi – 110 029.

3.The Director,

National Institute of Epidemiology,

Indian Council of Medical Research,

TNHB 2nd Main Road,

Ayapakkam, Chennai – 600 077.

4.The Senior Administrative Officer,

ICMR – National Institute of Epidemiology,

Ayapakkam, Chennai – 600 077. ... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to quash the order passed by the Central Administrative Tribunal, Chennai Bench in OA/310/00553/20219, dated 31.01.2025, direct the respondents to include the said Temporary Appointment service period, between 16.10.1986 & 31.05.1988 in tune with the Certificate of verification of Service, issued under Form – 24, by the Indian Council of Medical Research, Chetpet, Chennai – 600 031, vide letter No.:NIE/E/QS/2002/689, dated 24.07.2002 and fix the petitioners notional promotion and monetary benefits in accordance with CCS (Pension) Rules, 1972.

For Petitioner : Mr.S.Venkata Krishna Kumar For Respondents : Mr.K.Srinivasa Murthy, Special Panel Counsel for Central Govt.

*******

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.,)

Under assail is the order of the Central Administrative Tribunal [hereinafter referred to as “CAT”] dated 31.01.2025 in OA/310/00553/20219.

2. The Original Applicant is the writ petitioner before this Court. The claim of the writ petitioner is to count the service rendered by him from 16.10.1986 to 31.05.1988 for notional promotion under Merit Based Assessment Promotion Scheme [MBAPS] came to be declined by the Department and confirmed by CAT.

3. The learned counsel for the writ petitioner would mainly contend that both the Scheme service as well as the regular service of the petitioner is in the same organization viz., ICMR. Since the petitioner continuously served under the Scheme and as a regular employee, he is entitled for notional promotion under Merit Based Assessment Promotion Scheme by calculating the service rendered by him under the Scheme for the purpose of revision of pay and arrears including other financial benefits.

4. It is not in dispute that the writ petitioner retired from service in the year 2008. The only question that would arise in the present lis is that whether the guidelines applicable to ICMR would provide the benefit of reckoning of Scheme based service rendered by the Research Assistant Officer for notional promotion under the Merit Based Assessment Promotion Scheme.

5. Uncontroverted facts between the parties would show that the writ petitioner served under the Scheme from 16.10.1986 to 31.05.1988 and a circular came to be issued on 12.07.1988 granting a concession to the Scheme appointed Assistant Research Officers to secure regular appointment in the post of Assistant Research Officer. The petitioner exercised his option on 14^th July 1988 and opted to join in the regular service in the post of Assistant Research Officer. Considering the option, the competent Authority passed an order in proceedings dated 15.07.1988 appointing the writ petitioner from scheme CJIL Field Unit for Epidemiology of Leprosy, Avadi to staff of CJIL, Agra.

6. The said order of appointment would show that regular appointment was granted with effect on 01.06.1988. The writ petitioner underwent probation for a period of 2 years. Therefore, for all purposes his regular services had been taken into consideration from 01.06.1988 including for promotion. Having accepted the said position in the year 1988, the writ petitioner continued in services and attained the age of superannuation in the year 2008.

7. The guidelines for impleme