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by Admin
07 May 2024 2:49 AM
The Supreme Court of India, in a recent judgment, affirmed the decision of the Punjab and Haryana High Court concerning the promotion disputes within the Council of Scientific and Industrial Research (CSIR). The apex court, led by Justices Pamidighantam Sri Narasimha and Sandeep Mehta, upheld the High Court's ruling that reversed the promotion of respondent nos. 2 and 3, deeming them ineligible under the CSIR Administrative Services (Recruitment & Promotion) Rules, 1982.
The dispute arose when the Director General of CSIR contested the High Court's decision, arguing that respondent no. 1 was not eligible for promotion to the post of Under Secretary due to not independently performing the duties of a Section Officer. The Supreme Court, in its judgment, stated, "We are of the opinion that the action of the appellant in denying promotion to respondent no. 1 upon the post of Under Secretary was rightly reversed by the High Court."
The apex court carefully analyzed the eligibility criteria as stipulated under the CSIR rules. It was noted that respondent nos. 2 and 3 were promoted based on certificates indicating their experience as Section Officers, but without formal appointments. In contrast, respondent no. 1's formal appointment as Section Officer in 2004 was acknowledged and undisputed.
The Supreme Court also addressed the appellant's merit-based promotion argument. It clarified that the primary focus was on meeting the eligibility criteria, asserting, "Thus, there was no impediment for the promotion by selection of respondent No.1 to the post of Under Secretary under the statutory rules."
The judgment, delivered on January 29, 2024, concluded with the dismissal of the appeals filed by CSIR, stating, "In view of the above, we are of the firm view that the impugned judgment rendered by the High Court does not require any interference."
Date of Decision: 29th January 2024
DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH(CSIR) VS J.K. PRASHAR & ORS.
