MUKUNDAKAM SHARMA, J. - (1.) LEAVE granted.
(2.) THESE appeals arise out of the common judgment and order dated 24.4.2007 passed by the Division Bench of the High Court of Judicature at Madras by which the High Court upheld the common order dated 11.8.2005 passed by the Central Administrative Tribunal, Madras Bench (hereinafter referred to as the 'Tribunal') and dismissed the writ petitions filed by the appellant-Union Of India. By the aforesaid order the Tribunal quashed the minutes of the Departmental Promotion Committee (DPC) dated 13.10.2003 in respect of both the respondents herein and directed the appellants herein to evolve a proper format for recording minutes of DPC and to review the case of the two respondents, namely, Shri B. Annathurai and Shri E. Chandiran Gandhiji respectively for promotion to the post of Scientist/Engineer 'SB' and Scientist/Engineer 'SD' with effect from 01.04.1999 and 01.01.2000 respectively. Review applications filed by the appellants were also dismissed by the Tribunal through a common order dated 26.10.2005 as being in the nature of an appeal. The writ petitions filed by the Union of India and others against the aforesaid findings were dismissed by the High Court. A time bound merit based and non-vacancy oriented scheme of promotion called Flexible Complementary Scheme (for short FCS) has been in existence in Indian Space Research Organisation (for short 'ISRO')/ Department of Space (for short 'DOS') for promotion of its Scientific and Technical personnel in all the four groups (A, B, C & D) right from the year 1976. Emphasis was on merit and not on seniority unlike in other Ministries/ Departments of Government of India. The Department of Space was vested with powers to formulate its own policies including norms for recruitment and promotion of its personnel and to this extent, the DPT orders were not applicable to ISRO/Department of Space. In 1972, ISRO was brought under DOS by the Govt. of India.
(3.) THE Liquid Propulsion Systems Centre (for short 'LPSC'), the appellant Organization is one of the five major Centres of ISRO under DOS, Government of India. THE Ministry of Personnel and Training, Government of India issued OM No. 2/41/97-PIC, dated 9.11.1998 as a continuation of O.M. No. A.42014/2/86- Admn 1(A), dated 28.5.1986 introducing Flexible Complementing Scheme of promotion in other Scientific and Technological Departments which was not applicable to ISRO/DOS. Relevant portion of the said OM is extracted hereunder: ".......1. THE recommendation of the Pay Commission that the modified Flexible Complementing Scheme proposed by it should be applicable in all the Departments, including the Departments of Space, Atomic Energy and DRDO without any special dispensation for any individual department, has not been accepted. THE existing scheme of merit based promotion system covering the Group 'A, 'B', 'C Personnel, as presently applicable in the Department of Atomic Energy, the Department of Space and the DRDO shall continue. 2. THE recommendation of the Pay Commission to define "Scientific Administrators" and to exclude them from the benefit of in situ promotions under Flexible Complementing Scheme and to bring them under the ambit of "Assured Career Progression Scheme" formulated by the Pay Commission has not been accepted. However, it has been decided that the Flexible Complementing Scheme should, as per its original objective, be made applicable only to scientists and technologists holding scientific posts in Scientific and Technology Departments and who were engaged in scientific activities and services............" The respondent no. 1 herein namely B. Annathurai was working as Technical Assistant 'C' in the grade of Rs. 5500-175- 9000 whereas respondent No. 2, namely Shri E. Chandiran Gandhiji was working as Scientist/Engineer 'SC'. Both were working in the appellants Organization i.e. Liquid Propulsion Systems Centre.;