W.P.(C) 1920/2016 Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 1920/2016

DR. KULBHUSHAN SEHGAL

..... Petitioner

Through:

Mr. Pradeep Gupta, Mr. Parinav

Gupta, Ms. Mansi Gupta and Ms.

Mamta, Advocates.

versus

UNION OF INDIA & ORS

..... Respondent

Through:

Mr. Ruchir Mishra, Mr. M.K. Tiwari,

Mr. Sanjiv Kr. Saxena, Mr. Ramneek

Mishra and Mr. Abhishek Rana,

Advocates for R-1.

Mr. Tushar Gupta, Advocate for R-3.

CORAM:

JUSTICE S. MURALIDHAR

JUSTICE TALWANT SINGH

O R D E R

%

22.01.2020

Dr. S. Muralidhar, J.:

1. The Petitioner has approached this Court by way of the present petition

challenging an order dated 6^th February, 2015 passed by the Central

Administrative Tribunal, Principal Bench, New Delhi („CAT‟), dismissing

his OA No. 659/2014. By the said OA he had sought regularisation in the

post of a Scientist in the Indian Council for Medical Research („ICMR‟)/

Respondent No. 2 herein, commensurate with his educational qualifications

and experience.

2020:DHC:428-DB

W.P.(C) 1920/2016 Page 2 of 13

2. The background facts are that the Petitioner joined the ICMR as a

Statistical Assistant on 1^st June, 1998 on ad hoc basis. By a letter dated 30^th

June, 2003 he was appointed as Research Associate by the ICMR for a

project titled “Intervention Program on Nutritional Anemia and other

Haemoglobinopathies amongst Primitive Tribal population of India”.

3. Three years later on 10^th April, 2006, ICMR appointed the Petitioner as

Senior Research Fellow. With effect from 11^th January, 2010, he was

appointed by ICMR as Research Scientist-1 (NM)/Scientist-B.

4. Consequent to the recommendations of the 6^th Central Pay Commission

(„CPC), which were implemented in the ICMR with effect from 1^st

September, 2009, the Petitioner was paid a consolidated salary of

Rs.33,000/- with HRA with effect from 1^st April, 2012. The case of the

Petitioner is that in one capacity or the other, he has continuously worked

with the ICMR for more than 15 years between 1998 and 2013.

5. At this stage, it must be mentioned that the Petitioner filed an application

in the RTI Cell of the All India Institute of Medical Sciences („AIIMS‟)/

Respondent No.3 herein. For obtaining the guidelines laid down by AIIMS

for regularisation and absorption of project employees. In the reply given to

the Petitioner, the names of 18 Scientists-1 and the other staff, initially

appointed on projects and later regularised on completion of 15 years of

service, were disclosed.

6. On 14^th May, 2008, ICMR replied to the Petitioner in response to his letter

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W.P.(C) 1920/2016 Page 3 of 13

dated 10^th April, 2008 seeking regularisation according to his qualification

that “at present, no post conforming to your qualification existed in the

division of BMS (Basic Medical Science)”. It was stated that his candidature

would be considered “if any vacancy in the area of statistics suitable to your

qualification is allowed to the area of BMS and he applied for the post”. A

similar reply was given seven months later on 22^nd December, 2008.

7. Reference has also been made to a reply dated 13^th February, 2013 to an

RTI application filed on 28^th January, 2013, by one V Kumar. It was

disclosed by the ICMR that “in the headquarters of ICMR, there are 12 posts

lying vacant as on date”. In response to the query concerning the “total

number of Scientists subject wise”, it is stated therein that “no such

information has been maintained”.

8. An Office Memorandum („OM‟) was issued by ICMR on 29^th November,

2013 stating that with effect from 31^stDecem