- (1.) The petitioner, Central Silk Board (herein after referred as C.S.B.), statutory body created under the Central Silk Board Act, 1948 is aggrieved by the judgment and order dated 13.1.2009 passed by the Central Administrative Tribunal, Patna Bench, Patna (circuit at Ranchi) in Original Application no. 75 of 2008 whereby and where under the learned Tribunal has directed the respondent/ petitioner herein to grant benefit of Flexible Complementing Scheme(herein after referred as F.C.S.) to the Scientists working in the C.S.B. and its research institutes from 30.7.2001 with all consequential benefits within a period of four months from the date of receipt of the copy of the order. The brief facts of the case are that on the recommendation of the 5th Central Pay Commission the Ministry of Personnel. Public Grievances and Pensions, Department of Personnel and Training, Government of India, vide office memorandum no. 9th November, 1998 took a decision that the F.C.S. should, as per its original objective, be applicable only to the Scientists and Technologists holding scientific posts in Scientific and Technological Department and who are engaged in scientific activities and services with an objective that only the Scientists, who have created demonstratable achievement or higher level of technological merit are, recommended for promotion under the F.C.S. Accordingly, for achieving the aforesaid objective, a number of guidelines were laid down under the said Office Memorandum dated 9th November, 1998 for identifying institutions / organizations as Scientific and Technological institutions as well as for defining the scientific activities and services. Scientists and Engineers and the scientific post is prescribed in Annexure-1 to said office memorandum, it was indicated that the F.C.S. shall not be applicable where the criteria specified vide this office memorandum are not fully met. It also prescribed a revised assessment procedure as prescribed in Annexure-II to the said office memorandum to be followed by all scientific ministries / departments for considering advancement under the F.C.S. The scheme provides in-situ promotions for the scientific posts on assessment criteria fixed under the scheme.
(2.) The applicants/ private respondents here in are working as scientists in the C.S.B. under the administrative control of Ministry of Textile. All of them had joined services as senior research assistant. The said F.C.S. was adopted by C.S.B. w.e.f. 30.8.2006 pursuant to the order of the Ministry of Textile, Government of India contained in Annexure-R-2 forming part of the present writ petition. The applicants being aggrieved by the adoption of the F.C.S. w.e.f. 30.8.2006, instead of 9.11.1998 i.e. the date of the office memorandum referred to herein above moved the learned Central Administrative Tribunal through Original Application No. 75 of 2008 interalia for the following reliefs:- i) for quashing part of the order of the Ministry of Textile, Government of India vide letter no. 25012/54/1999-SILK dated 30.82006 whereby the sanction of the F.C.S. had been approved from 30.8.2006 prospectively instead of 9.11.2006 i.e. date of the office memorandum. ii) for further direction to implement the F.C.S. w.e.f. 9.11.1998. iii) for further direction upon the Respondent- Board to consider 'the case of the applicant' who had already completed the maximum residency period of seven years as on the date of the implementation of the scheme i.e. 30.8.2006 to the extent that they should be first declared as scientists-C under the fitment process after completion of four years of service in S.R.O. Cadre and secondly, they be promoted as scientist-D on the basis of the assessment for which interviews had been held during the month of March-April, 2007.
(3.) Respondent/ petitioner on the other hand filed their written statement before the learned Tribunal admitting that the FC.S. for C.S.B. scientists has been approved w.e.f. 30.8.2006 prospectively instead of 9.11.1998, the date of the office memorandum. It is further averred that applicants accepted the benefits of the scheme for in-situ promotion with protest It was also stated that C.S.B. and its research institutes are also recognized by the department of Science and Technology by order dated 30.7.2001. Therefore, the scheme could be extended to C.S.B. only after its recognization as a Scientific and Technological organization and after examining of various other factors for which appropriate funding was not provided in the earlier year. The learned Tribunal allowed the original application in favour of the applicant on the ground that the C.S.B. and its research institutes were recognized as S&T organization w.e.f. 30.7.2001 and as such the applicants were entitled for benefits of the F.C.S. from the date of its recognization i.e. 30.7.2001 instead of 30.8.2006 as made by the impugned order of the Ministry of Textile. Private respondents have appeared and contested the case of the writ petitioner by filing their counter affidavit in support of their contention. The Union of India which has been included as Respondent no. 17 in the instant writ petition have also filed their counter affidavit inter-alia supporting the stand of the writ petitioner that the decision to include the F.C.S. in C.S.B. has been taken by Ministry of Textiles on consideration of number of factors including the financial implication of the decision which would be huge and recurring in nature. It has been submitted that the said scheme has been extended to several other Boards like Coffee Board, Spice Board from 2006 and not from the earlier date. As such, there is no discrimination with the case of the applicants.;