Ante dating of promotion of Scientist on the direction of CATs/High Courts
F. No. CS-14017/6/2017-Estt.(RR)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
Estt.(RR)
North BIock, New Delhi
Date:3rd January, 2018
OFFICE MEMORANDUM
Sub: Ante-dating of promotion of Scientists on the direction of CATs/High Courts – reg.
Department of Personnel & Training (DOP&T) is receiving various proposals seeking comments/approval of DOP&T for implementation of order of Hon’ble CATs/High Courts in the matter of anti-dating of in-situ promotion of Scientists working in various scientific Ministries/Departments/Organizations.
2. Hon’ble Supreme Court in Dr. S.K. Murti’s case had uphold the decision of Hon’ble Delhi High Court that in the cases of promotion under MFCS delayed due to administrative reasons, benefits of promotions would be granted from the date the candidate became eligible for promotion. However, Hon’ble CAT Principal Bench, New Delhi in its order dated 29.05.2014 in OA No. 1926/2013 filed by Dr. A. Duraiswami, Scientist ‘F’ working in Ministry of Environment Forests and Climate Change held that the directions of the Hon’ble Apex Com1 was inpersonam in respect of 10 similarly situated co-applicants of Dr. S. K. Murti in the OA No.826/2003, and cannot be meant to be extended in rem to the Scientists of all the Scientific Ministries/Departments.
3. Various court cases have been filed before Hon’ble CATs/ High Courts seeking promotions with retrospective effect referring the order of Hon’ ble Supreme Court in the Dr.S.K. Murti case. As per MFCS scheme issued by DOP&T vide OM No. AB-14017/37/2008-Estt. RR dated 10.09.2010 and DOP&T OM No. AB- 14017/36/2011-Estt. RR dated 21.09.2012, the Competent Authority are required to ensure that no promotion under FCS/ MFCS is granted with retrospective effect.
4. The issues relating to ante-dating of promotion of Scientist in the Ministry of Electronics & Information Technology (MietY) was examined by MietY in consultation with Solicitor General of India in connection with a case filed by Shri Vinay Kumar, Scientist ‘E’ NIC, in CAT, Principal Bench, New Delhi. In this case, the petitioner also sought ante-dating of his promotion to Scientist ‘D’ and Scientist ‘E’ due to delay in considering review promotion.
5. Subsequently MeitY has filed SLPs before Hon’ble Supreme Court challenging the order of Hon’ ble High Court in the following cases wherein a prayer has been made for ante-dating of promotion in case of :-
(i) SLP CC No. 4155/2016 (Union ofIndia and Ors Vs. Vinay Kumar)
(ii) SLP CC No. 7196/2016 (Union ofIndia and Ors V s. Santosh Wadhwa, Scientist -E and Ors.)
(iii) SLP CC No.26757/2016 (Union of India and Ors Vs. Iqbal Hasan and Ors)
4. Hon’ble Supreme Court in its order dated 08.07.2016 has directed in the SLP No. 415512016 that the impugned judgment shall remain suspended during the pendency of the appeal.
5. In the light of above, all scientific Ministries/ Departments/Organizations are advised to defend the court cases on the subject matter in view of the laid down policy of DOP&T, on the basis of advice of Solicitor General of India and the stand taken in the SLP filed by MietY till the final decision of the Apex Court in this case on the issue of ante-dating of proinotion of scientist. A copy of the opinion of Ld. Solicitor General is also enclosed for ready reference in this case.
(Encl: As above)
(Shukdeo Sah)
Under Secretary to the Government of India
To,
All Scientific Ministries/Departments/Organizations.
Source: DoPT Orders 2018