Arun Mishra, J. - (1.) BY filing this writ petition, the legality of the order dated 24.9.2004 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur in Original Application No. 395/2002 has been assailed.
(2.) ORIGINAL Application was preferred by J.S. Sharma who died during the pendency of the original application. His legal representatives were substituted. The relief prayed in the application was with respect to next higher grade of Scientist under erstwhile bye -law 71(b). Vide orders dated 30.10.2001 (A/1) and 30.10.2002 (A/2) issued by the Council of Scientific & Industrial Research (CSIR), representation for granting merit promotion under Byelaw 71 (b) was rejected. A prayer was made to quash the aforesaid orders and to accord benefit of promotion with effect from 1.2.1987 of Scientist -F in pay scale of Rs. 5100 -6300, to fix his salary for the subsequent period and to allow all consequential benefits including pensionary benefits admissible to him under the Rules.
(3.) DECEASED J.S. Sharma was appointed on 1.11.1957. He was given promotion in different grades of Scientist. He was ultimately promoted as Scientist E -II with effect from 1.2.1982 in the pay scale of Rs. 4500 -5700 with basic pay of Rs. 4650/ - per month. The deceased employee retired on 30.6.1994. His case was that he having completed the residency period of five years as Scientist E -II on 1.2.1987, submitted an application which was duly forwarded and recommended by the Director, CBRI to the Director General, CSIR that his promotion as Scientist -F be made effective from the stipulated assessment period as applicable in all the merit and normal assessment schemes for that purpose. The grading given to him was 'outstanding'. His application proforma was forwarded to the CSIR. The two referees approved by the CSIR also gave their assessment as 'outstanding'. His case was duly recommended by the CBRI, RAC to CSIR for the purpose of clearing the case but despite this his case was not considered by the committee for merit promotion. The applicant received a letter dated 11.7.1997 (A -6) from the respondents that no case of merit promotion/advance increments has been processed and such cases will be considered only when a decision to operate the Merit Promotion Scheme is taken. By another letter dated 16.11.1998 (A -7), the deceased employee was informed that as per instructions given by the CSIR, the scheme of merit promotion under MANAS (revised) was under consideration, hence for optees of erstwhile bye -law 71(b) merit promotions were kept in abeyance. Having failed to obtain relief despite of representation, the original application has been preferred.;