ANIS PARVEZ Vs. DIRECTOR GENERAL COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
SUPREME COURT OF INDIA (FROM: DELHI)
The Director General, Council of Scientific And Industrial Research
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(1.)C.A. No. 2933 of 2000.
The appellants in this appeal are employees of respondent No. 2 who were regularised on Technician Grade II as highly skilled or skilled workers on 9-12-1991 under a scheme formulated by respondent No. 1 pursuant to a decision of this Court in W.P. (C) No. 633/88 Mrs. Kamlesh Kapoor v. Union of India. In that writ petition, a direction was issued to respondent No. 1 to prepare a scheme for the absorption of all persons who were working on casual basis for more than one year and to absorb such of those persons who satisfy the scheme as regular employees in the respective posts held by them. Certain other incidental reliefs were also given by that order. Subequently, a scheme was prepared pursuant to the order of this Court known as "Casual Workers Absorption Scheme, 1990" and in terms of the said scheme, the appellants were considered for absorption for regularisation against Group II/C posts on which they were already working and after a trade test followed by an interview held on 18th, 19th and 20th November, 1991 and on the basis of the recommendations of the Selection Committee, were regularised as temporary Technician Grade II in respondent No. 2 institute on a probation for a period of one year. Thereafter on successful completion of probation they have been duly confirmed on their posts.
(2.)Aggrieved by this regularisation, respondents Nos. 3 to 12 filed O.A. No. 1430/92 before the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') and sought for a direction to respondents Nos. 1 and 2 to fill up the regular Group C post of Technician Grade II only from their rank at least from the date their juniors were appointed or considered in those posts. In this application, appellants were not made parties. During the pendency of this application, another application (O.A. No. 2095/93) was filed seeking quashing of the regularisation of the appellants as well as some of the respondents as Technician Grade II and to promote them in their place. The Tribunal allowed both the applications (O.A. No.1430/92 and O.A. No. 2095/93) and directed respondents Nos. 1 and 2 to consider the cases of respondents Nos. 3 to 12 for promotion to Technician Grade II/Grade C post and promote them to that from the date of promotion of their juniors and fix their inter se seniority by quashing the appointments of the appellants.
(3.)The High Court, on writ petition being filed against the same in W.P. No. 2308/98 dismissed the same and upheld the order of the Tribunal. The writ petition filed by the appellants as well as that of the CSIR were dismissed. Against the order passed by the High Court in writ petition filed by CSIR, special leave petition was preferred before this Court, which was dismissed by this Court in limine and to those proceedings the appellants were not parties. The appellants subsequently filed the present special leave petition and leave was granted by this Court.
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