IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 179 of 2009 Between: Dr.V.Balaram S/o.V.Venkataswamy Geochemistry Group, National Geophysical Research Institute, Habsiguda, Hyderabad-500606 ..... PETITIONER AND 1The President (rep.UOI), Council of Scientific & Industrial Research, 7 Race Course Road,New Delhi 2The Secretary, Council of Scientific Industrial Research Ministry of Science & Technology, Anusandhan Bhavan 2 Rafi Ahmed Kidwai Marg,New Delhi-110001 3The Director -General , Council of Scientific & Industrial Research, Ministry of Science & Technology, Anusandhan Bhavan, 2 Rafi Ahmed Kidwai Marg New Delhi-110001 4The Chairman, Recruitment and Assessment Board (RAB) Council of Scientific & Industrial Research, CSIR Complex, (5th floor) Laboratory Avenue, Pusa New Delhi- 110012 5The Director, National Geophysical Research Institute Habsiguda, Uppal Road, Hyderabad-500606 6Sri.C.Subrahmanyam S/o.Not known R/o.H.No.8-32/1, Plot No.13, Hemanagar Uppaal (PO), Hyderabad- 500039 7Sri S.N.Prasad S/o.Not known R/o.H.No.1-1-31/70 Plot No.70 Phase-I Sket Kapra, ECIL Post, Hyderabad-500062 8Sri.P.K.Govil S/o.Not known National Geophysical Research Institute Habsigud, Hyderabad- 500606 9Y.J.Bhaskr Rao S/o.Not known National Geophysical Research Institute Habsiguda, Hyderabad- 500606 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Certiorari or any other appropriate writ calling for the records leading upto the passing of the order in OA.No.657/2005 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad dated 24.1.2008 as confirmed in Order dated 13.3.2008 in Review Application No.3 of 2008 and quash or setting aside the impugned order No.7-5(1)/2005-R&A dated 12.1.2005 by holding that the petitioner is entitled to be promoted as Scientist-G with effect from 1.2.2002 and pass Counsel for the Petitioner:MR.K.SIVAIAH Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed challenging the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A.No. 657 of 2005 dated 24.1.2008 as confirmed in Review Application No. 3 of 2008 dated 13.3.2008. O.A No. 657 of 2005 was filed by the applicant under Section 19 of the Administrative Tribunal’s Act, challenging the proceedings dated 12.1.2005 issued by the first respondent, ignoring the case of the applicant for promotion to the level of Scientist-G inspite of his excellent record of service and having achieved good performance in his faculty and declare the same as illegal and arbitrary. Brief facts of the case are that the applicant was appointed as Sr. Scientific Assistant in the office of the 5th respondent with effect from 9.1.1979 and through streamline promotion the applicant became Scientist ‘F’ and he was due for next higher promotion as Scientist ‘G’/Group-IV(6) in the scale of Rs. 18,400/--500-22400 with effect from 1.2.2002. The applicant along with other 7 eligible candidates were screened by the ‘Internal Screening Committee’ which met on 8.6.2004 for assessment promotion as Scientist “G”/Gr.IV(6) and recommended them with effect from the dates shown against each during the Assessment Period 01.01.2001 to 31.3.2002 under CSIR Scientists Recruitment and Assessment Promotion Rules –2001. The applicant was thereafter interviewed on 1.9.2004. Since he had done fairly well and he had good service records he was waiting for favourable orders for promotion to the level of Scientist-G but surprisingly he found that his name was not there in the order of promotion dated 12.1.2005. Therefore, the applicant submitted representation dated 2.2.2005 to the third respondent highlighting his grievances and raising objections regarding constitution of the committee by stating that the committee consisted of a physicist, geophysicists and geologists and no member had the required experience and expertise to assess his work especially related to gold and base metal exploration studies using geochemical tools and therefore, it is stated that all the members of the committee have not succeeded in properly assessing his contributions. The Tribunal went into all the aspects raised by the applicant and relying on the judgments of the Supreme Court reported in OM PRAKASH SHUKLA VS. AKHILESH KUMAR SHUKLA[1] and MADANLAL AND OTHERS VS. STATE OF J&K[2], held as under: “ We are therefore, of the view that when admittedly the applicant was considered by the internal screening committee and the internal screening committee recommended the applicant in terms of the rule and the applicant appeared for the interview without raising any objection and has not submitted any representation at the time of interview or before the order of promotion was issued, he cannot now turn around and question the constitution and decision of the selection committee which interviewed the applicant. The applicant is not therefore entitled to get the relief prayed for.” We have heard the learned counsel appearing for both sides. We have perused the impugned order. The Tribunal on appreciation of facts and also relying on the judgments of the Apex Court reported in OM PRAKASH SHUKLA VS. AKHILESH KUMAR SHUKLA (supra-1) and MADANLAL AND OTHERS VS. STATE OF J&K (supra-2) held that the petitioner is not entitled for any relief. Therefore, in our opinion the order of the Tribunal is based on facts and law and there is no error of jurisdiction warranting our interference. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 10.02.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies [1] AIR 1986 SC 1043 [2] 1995(3) SCC 486