D.P.WADHWA, J. - (1.) LEAVE granted.
(2.) THE appellant is a society registered under the Societies Registration Act and is engaged in the research of agricultural, animal husbandry, fishery, etc. having network of research institute in different parts of the country. It is aggrieved by the judgment dated Aug. 26, 1996 of the Central Administrative Tribunal, Hyderabad ('Tribunal' for short) allowing the petition of the respondent, a scientist working with the appellant. Tribunal directed the appellant to consider the case of respondent for promotion to the higher grade of Scientist (senior scale) from the year 1987 on the basis of five yearly assessment scheme in existence at that time and if found fit to promote him and to fix his pay in the revised scale of pay introduced as per proceedings dated 9/03/1989 notionally and to make him actual payment in that scale on the basis of above fixation from 13/01/1990 when he was actually promoted to that grade. A further direction was that the respondent be paid arrears of salary, if any, within a period of three months from the date of receipt of copy of the judgment. The appellant introduced Agricultural Research Service with effect from Oct. 1, 1975 and the relevant grades and pay scales of scientists working with it on Dec. 31, 1985 were as under :- "GradePay Scale Scientists SRs. 550-950 Scientists S-IRs. 700-1300 Scientists S-IIRs. 1100-1600 Scientists S-IIIRs. 1500-2000" Respondent was appointed as Scientist S-1 by order dated 8/01/1982 and he joined this post on 13/01/1982 in the pay-scale of Rs. 700-1300. Relevant service rules at the time of appointment of the respondent provided for assessment, promotion etc. on the basis of a five yearly assessment. The respondent should have become eligible for grant of next higher grade of Scientist S-II in 1987. On 18/07/1987 respondent was asked to submit his five yearly assessment for the period 1982-87 which he submitted but no action was taken thereon. In the meantime revised pay scales of Scientists were introduced replacing the old Scheme of assessment by new Career Assessment Scheme of the UGC w.e.f. 1/01/1986. Old Scheme ceased to operate after 31/12/1985. Now, not only the pay scales were revised but the Scientists were also given new designation and were brought at par of UGC as below :- JUDGEMENT_219_4_1998Html1.htm 01986 is the date when the recommendations of Fourth Pay Commission were implemented. There are several streams of people working in ICAR, the appellant, and the non-technical staff who opted for the replacement scales recommended by the Fourth Pay Commission, were given the benefits from 01986 and they drew their arrears. In the case of Scientist, the question remained pending because there were representations from them for implementation of the UGC pay package as per recommendations of Dr. N.V. Rao Committee. This Committee had seven members and had made certain recommendations. There were certain objections made against the recommendations of Dr. N.V. Rao Committee and another Committee with Dr. M.G.K. Menon as Chairman was constituted. It was thereafter that recommendations to implement UGC pay package for Scientists were adopted. The appellant issued orders on 9/03/1989 and it was mentioned that it was decided with the approval of the Government of India, Ministry of Finance (Department of Expenditure), to revise the pay scales of the Scientists in various grades w.e.f. 01986. Detailed instructions were issued. Scientists were asked to give their option to draw salary in the revised scales in writing in the form prescribed within three months from the issue of the letter dated 9/03/1989. In para 14 of this communication it was mentioned that anomalies, hardships and doubts, if any, in the implementation of the revised pay scales may be brought to the notice of the appellant for clarification and in para 16 it was stated that as a result of the adoption of the UGC pay package, the Scheme of assessment, recruitments, etc., stood modified w.e.f. 01986 and that comprehensive instructions in this regard would be issued shortly. With reference to this para 16 the appellant took further decision as envisaged therein and issued modified Career Advancement Scheme on Oct. 28, 1991. In suppression of earlier procedure new procedure was prescribed for promotion. Some of the relevant rules prescribing the procedure to be followed for promotion are as under :- "1. Suitability for promotion to the next Higher Grade will be adjudged by the Departmental Promotion Committee to be constituted at the Institute level with the following composition : (i) Chairman - to be nominated by the ASRB. (ii) One Expert to be nominated by DG, ICAR. (iii) DDG concerned with the Institute or his nominee. (iv) Director of the Institute or his nominee. 2. The recommendation of the DPC shall normally be made within a year of completion of requisite years of service and promotion if awarded will take place from a date following the date of completion of prescribed years of service. 3. The recommendations made by the DPC shall be submitted by the Director of the concerned Institute to ICAR for seeking the approval of the competent authority. 4. The posts will stand created for his purpose by upgrading the number of posts of scientists/Senior Scientists in the respective Institute/ICAR headquarters."
(3.) THE respondent gave his option to be covered under the new Scheme by his letter dated 8/06/1989 but it was with the rider that the option was subject to the clarification in regard to his career advancement after consideration of the five yearly assessment which was in vogue in the year 1987 when he became eligible for consideration for the next higher grade. THE new Career Advancement Scheme had come into effect by Office Memorandum dated Oct. 28, 1991 with retrospective effect from 1/01/1986 as stated earlier. Respondent went on study leave from Sept. 13, 1989 to Nov. 30, 1993. On his joining duty an office order dated 17/03/1994 was issued placing him in the next higher grade of Scientist (senior scale) in the pay scale of Rs. 3000-5000 w.e.f. 13/01/1990 under the new Career Advancement Scheme as under the new Scheme he was to have eight years of service in Scientist S-1 grade. THE respondent represented that his case be considered for promotion on the basis of earlier five yearly assessment when he completed the service of five years in the year 1987, to promote him on that basis and to fix his pay in the revised pay scale. Since there was no response to the representation this led to the filing of the petition before the Tribunal which, as stated above, was allowed. The question which fell for consideration before the Tribunal was : Has the respondent acquired vested rights for promotion under the old Scheme and his case should have been considered for placing him in the higher grade of scientist (senior scale) in the year 1987 in terms of the existing rules at the time or could the amended rules given effect retrospectively w.e.f. 1/01/1986, take away the vested rights already conferred on the respondents?;