CSIR’s Appeal Dismissed and Overturns P&H HC’s judgement on Promotion Reversal of Two Employees by: Supreme Court
Case Title: Director General, Council of Scientific and Industrial Research (CSIR) v. J.K. Prashar & Ors.
Case No: SLP(Civil) No(s). 8310-8311 of 2020
Decided on: 29th January, 2024
CORAM: THE HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA AND HON’BLE MR. JUSTICE SANDEEP MEHTA
Facts of the Case
The Director General of the Council of Scientific and Industrial Research (CSIR) has filed an appeal against the judgment of the High Court of Punjab and Haryana. The High Court had overturned the promotion of two employees to the position of Under Secretary, citing a violation of the Council of Scientific and Industrial Research Administrative Services (Recruitment & Promotion) Rules, 1982 (Statutory rules). CSIR contested the High Court’s decision, asserting that one of the employees lacked eligibility for the Under Secretary promotion as they had never independently performed the duties of a Section Officer. CSIR supported its claim with certificates indicating that the two employees were granted one year’s experience as Section Officers for their promotion to the Under Secretary position.
Issue
The key issue revolves around the eligibility criteria for the promotion of two employees to the position of Under Secretary at the Council of Scientific and Industrial Research (CSIR), with the Director General challenging the High Court’s decision based on the alleged violation of statutory rules.
Court’s analysis and decision
The Supreme Court declined to intervene in the Punjab and Haryana High Court’s decision, which had annulled the promotion granted by CSIR to its two employees. Justices Pamidighantam Sri Narasimha and Sandeep Mehta asserted that there were no obstacles for the promotion of respondent No.1 to the position of Under Secretary under the statutory rules. The court upheld the High Court’s reversal of the appellant’s action in denying promotion to respondent No. 1. The justices noted that the certificates indicated the utilization of their services as Section Officers on attachment, without any formal appointment to the position. Additionally, the court addressed the appellant’s argument that promotion to the post of Under Secretary should be based on merit, pointing out that the promotion of respondent Nos. 2 & 3 was also contested by the High Court. The Supreme Court, agreeing with the High Court, concluded that there were no impediments for the promotion to the post of Under Secretary under the statutory rules. Consequently, the appeals were dismissed by the Supreme Court.
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Written by- Afshan Ahmad