- (1.) Writ petitioners have challenged the order dated 20thth May 2013 passed by the Central Administrative Tribunal, Patna Bench at Ranchi in CCPA No. 17/2009 (R) in the instant writ application.
(2.) The said contempt petition was preferred by the private respondents herein before the learned Tribunal alleging non-compliance of the judgment dated 13thth January 2009 passed in O.A. No. 75/2008. The said original application was preferred by the applicants therein being scientist under the Central Silk Board (hereinafter to be referred as 'CSB') with the grievance that the Flexible Complementing Scheme was adopted there by the Central Silk Board with effect from 30thth August 2006 prospectively instead of 9thth November 1998 i.e. the date on which said scheme came into effect vide office Memorandum of the Department of Personnel and Training (DOPT). These applicants / private respondents herein who were working as scientist in CSB under the administrative control of Ministry of Textile, being aggrieved by the said decision, had approached the Tribunal inter-alia 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 30.8.2006 whereby the sanction of the F.C.S. had been approved from 30.8.2006 prospectively instead of 9.11.06 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.) The learned Administrative Tribunal after hearing the rival contention of the parties, disposed of the said O.A. in the following manner. "It is admitted fact that the applicants have been extended the benefit of the scheme w.e.f. 30.8.2006. It is also the admitted case of the parties that the CSB and its research institutes were recognized as S&T organization w.e.f. 30.7.2001. Obviously, the CSB And its research institutes did not have the recognition as S&T organization prior to that. Therefore, the benefit of the scheme could not have been extended to them from date the scheme was implemented by DOPT for S&T organizations. At best it could be made applicable to them w.e.f. The date the CSB and its research institutes were brought under the umbrella of S&T organization i.e. 30.7.2001. Accordingly, the respondents are directed to grantbenefit of the FCS to the Scientists working in Central SilkBoard and its research institutes from 30.7.2001 with allconsequential benefits within a period of 4 months from thedate of receipt of a copy of this order. OA stands disposed ofaccordingly with no order as to costs.";