IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 WP(C).No. 27330 of 2007(S) -------------------------- OA.444/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: ------------ 1. THE CONTROLLER OF ADMINISTRATION (NOW NATIONAL INSTITUTE FOR INTERDISCIPLINARY SCIENCE & TECHNOLOGY), COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH, INDUSTRIAL ESTATE P.O., TRIVANDRUM-19. 2. THE DIRECTOR, REGIONAL RESEARCH LABORATORY (NOW NATIONAL INSTITUTE FOR INTERDISCIPLINARY SCIENCE & TECHNOLOGY), COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH, INDUSTRIAL ESTATE P.O., TRIVANDRUM-19. 3. THE COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH, ANUSANDHAN BHAVAN, NO.2, RAFI MARG, NEW DELHI-1, REPRESENTED BY THE LEGAL ADVISER. BY ADV. SRI.M.C.SEN (SR.) SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENTS: ------------- 1. SHRI C.M.KRISHNADAS, S/O.V.K.KUNHIRAMA KURUP, ASSISTANT GR.II (STORES & PURCHASE), REGIONAL RESEARCH LABORATORY(NOW NATIONAL INSTITUTE FOR INTERDISCIPLINARY SCIENCE & TECHNOLOGY), COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH,INDUSTRIAL ESTATE PO,TRIVANDRUM-19. 2. SHRI K.D. SASIDHARAN, ASSISTANT GR.II (GENERAL), REGIONAL RESEARCH LABORATORY(NOW NATIONAL INSTITUTE FOR INTERDISCIPLINARY SCIENCE & TECHNOLOGY), COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH,INDUSTRIAL ESTATE PO,TRIVANDRUM-19. BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ----------------------------------------- W.P.(C) NO. 27330 OF 2007-S ----------------------------------------- Dated 25th September, 2007. JUDGMENT Balakrishnan Nair, J. The writ petitioners are respondents 1 to 3 in O.A.No.444/2005 before the Central Administrative Tribunal, Ernakulam Bench. The 1st respondent is the applicant and the 2nd respondent is the 4th respondent therein. This writ petition is filed, challenging Ext.P9 order of the Tribunal,allowing the O.A filed by the 1st respondent. 2. The brief facts of the case are the following. The National Institute for Interdisciplinary Science and Technology is a unit in Kerala of the Council of Scientific & Industrial Research (CSIR), New Delhi. The unit at Trivandrum was formerly known as Regional Research Laboratory. The employees of the laboratories of CSIR, including the one at Trivandrum were broadly divided into three categories, namely (i) Scientific (ii) Technical and (iii) Administrative. The staff belonging to the administrative category were further classified into (i) General Cadre, Wpc 27330/2007 2 Stenographers Cadre, (iii) Finance & Accounts Cadre and (iv) Stores and Purchase Cadre. In this case, we are concerned only with the three cadres other than Stenographers Cadre. The posts in those wings were formerly classified as L.D.C., U.D.C and Assistant. As part of re-structuring ordered by the CSIR by O.M dated 24.10.2003, those posts were re-classified as Assistant Grade III, Assistant Grade II and Assistant Grade I. Under the instructions of the CSIR, it was decided to separate the Finance and Accounts Wing and the Stores and Purchase Wing from the General Wing. It is submitted that the surplus staff in the General Wing were being deployed from time to time, to work in the Finance and Accounts Wing as well as in the Stores and Purchase Wing. Since it was decided to separate those two wings as separate units for the purpose of appointment, seniority etc., options were called from the General Wing to be absorbed into the said units in equated categories. That means, L.D.Cs/Assistants Grade III were to be absorbed as Assistant Grade III, U.D.Cs./Assistants Grade II were to be absorbed as Assistant Grade II and Assistants were to be absorbed as Assistant Grade I. The last date for exercise of option was 20.4.2004, which was later extended up to 15.10.2004. The applicant who was working as U.D.C in the General Wing opted to be absorbed into the Stores and Purchase Wing as Assistant Grade II. The said option was allowed and by Wpc 27330/2007 3 Annexure-A3 order produced along with the O.A., he was posted in the Stores and Purchase Wing as Assistant Grade II on 23.4.2004. 3. It is common case that the recruitment rules providing the method of appointment to the different units including the Stores and Purchase Wing were amended with effect from 1.11.2004. Thereafter, the method of appointment to the post of Assistant Grade I is either by promotion from Assistant Grade II or by direct recruitment. While so, by Ext.P3 communication dated 14.3.2005, one additional post of Assistant Grade I was sanctioned in the Stores and Purchase Wing, thereby enhancing the strength in that cadre from 2 to 3. The dispute that was raised in the O.A was concerning the method of appointment to the said additional post . The 1st respondent herein, the applicant before the C.A.T claimed promotion to that post. Initially, the unit at Trivandrum thought that the said post has to be filled up by direct recruitment. Later, as evident from Annexure-A8 in the O.A., the applicant was informed that the said post is liable to be filled up by promotion through D.P.C. It appears, the Laboratory at Trivandrum approached the CSIR for its views. The CSIR informed the unit that the said post may be filled up from among the persons who have already exercised option. When steps were taken to do that, the applicant represented. The same was rejected, based on the advice of the CSIR. In Wpc 27330/2007 4 the above background, the O.A., a copy of which is produced as Ext.P4, was filed seeking the following reliefs: “(i) call for the records leading to the issue of Annexure-A9 and quash the same. (ii) declare that the applicant is eligible to be considered for promotion to the post of Assistant Grade I which arose in the S & P cadre and direct the respondents accordingly. (iii) direct the respondents to grant all consequential benefits emanating from the declaration in para 8(ii) above including arrears of pay and allowances from the date from which the vacancy in question had arisen.” Annexure-A9 is the communication dated 2.5.2005, rejecting the claim of the applicant for promotion. 4. According to the applicant, once the options were finalised and postings were made, the options which cannot be acted upon for want of vacancies, cannot be any further used for filling up the vacancies that may arise in future. Such vacancies have to be filled up in accordance with the recruitment rules. The official respondents resisted the application by filing a reply statement. They contended that the additional post was created as part of the re-structuring. The option of the 2nd respondent herein was already pending with the authorities, which cannot be acted upon in the absence of sufficient number of vacancies. So, the CSIR rightly advised to accept the option of the 2nd respondent and post him in the newly created Wpc 27330/2007 5 post, it is submitted. The Tribunal after hearing both sides, upheld the contention of the applicant that the additional post has to be filled up in accordance with the recruitment rules. Ext.P9 is the copy of the said order, which is impugned in this writ petition. 5.We heard Mr.M.C.Sen, learned senior counsel for the writ petitioners and also Mr.T.C.Govindaswamy for the 1st respondent. It is common case that the last date for submission of options was 15.10.2004. The incumbents exercised the option based on the number of posts and the vacancies available as on the said date. So, normally the filling up of the vacancies by deployment from the General Wing should be confined to those vacancies available on the cut off date, namely, 15.10.2004. In this case an additional vacancy was created on 14.3.2005. If the said vacancy has to be filled up, acting on the option exercised earlier, the same will be an unending process. All vacancies arising in future can be claimed by those persons who exercised the option. We are of the view that since the amended recruitment rules came into force with effect from 1.11.2004, the vacancies which arose thereafter can be filled up only in accordance with the said rules. Therefore, the additional vacancy in the cadre of Assistant Grade I, in the Stores and Purchase Wing sanctioned on 14.3.2005 should be filled up in accordance with the recruitment rules. So, we find nothing Wpc 27330/2007 6 illegal with the decision of the Central Administrative Tribunal, contained in Ext.P9. Accordingly, the writ petition fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. Nm/