JUDGEMENT
Siddharth Mridul,J. -
(1.)The present writ petition under Article 226 and 227 of the Constitution of India has been instituted by Dr. S.N. Sharma, the petitioner herein, assailing the order dated 27.08.2019 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, (hereinafter referred to as the 'learned Tribunal'), dismissing OA No. 463/2016 titled as 'Dr. S.N. Sharma & Anr. vs. UOI & Ors.', whereby the petitioner's plea for setting-aside and quashing the order dated 28.08.2014 issued by the Department of Personnel & Training (hereinafter referred to as the 'Respondent-3'), and communication dated 10.11.2014 issued by the Ministry of Water Resources, Government of India (hereinafter referred to as the 'Respondent-1') addressed to Central Soil & Materials Research Station (for short 'CSMRS') (hereinafter referred to as the 'Respondent-2'), determining the proposal of regularisation of services of Scientist 'B' officers of CSMRS who were promoted on ad-hoc basis, in the negative, and holding that the period of ad-hoc service rendered will not be counted towards eligibility service for promotion to post of higher grade, was rejected. The petitioner had essentially sought the relief of issuance of directions to the official respondents to count the ad hoc service rendered by him as Scientist 'B', towards his claim for promotion to the post of Scientist 'C; and to consider him for promotion to the latter post from the date the petitioner completed 3 years of service as Scientist 'B'.
(2.)This is the 4th round of litigation instituted by the petitioner. The brief backdrop of the present case as is germane for the adjudication of the present writ, is adumbrated as follows:
a) Petitioner, who worked as Assistant Research Officer (ARO) under CSMRS, attached office of the Ministry of Water Resources, was discontented with previous existing Recruitment Rules (RRs) 1983 of the Organization and in particular the one pertaining to Senior Research Officer; whereby outside candidates were purportedly at a favourable position as they could enter the cadre on the said post at a young age, and as a result thereof, there was stagnation at the post of ARO and Research Officer (RO) in CSMRS, which assertedly resulted into lack of availability of promotional avenues from the existing post to higher post/grade of Scientist. This sentiment of stagnation on the same post, prompted the petitioner alongwith other similarly situated ARO's to file O.A. No.317/2003, through their association before the learned Central Administrative Tribunal, challenging the Recruitment Rules 1983, essentially assailing the apathy shown by the official Respondents' therein, qua the former's promotional avenues. The said OA was allowed vide order dated 29.04.2004 directing the Respondents to amend the Recruitment Rules in vogue whilst restraining Respondents from effectuating any outside selection/appointment, till the said Recruitment Rules were suitably amended.
b) Feeling aggrieved by the aforesaid direction of the learned Tribunal, the official Respondents filed writ petition W.P. (C) No.1483/2005 before this Court challenging the order dated 29.04.2004 in O.A No.317/2003. The High Court vide order dated 28.09.2010 in W.P. (C) No.1483/2005 was pleased therein to direct the Secretary of Respondent-2, Respondent-3, and Respondent-4, to resolve the issue and accordingly amend the subject Recruitment Rules within 45 days. Consequently, the requisite amendment was carried out and new Recruitment Rules dated 23.11.2010 were duly notified.
c) In pursuance thereto, the petitioner alongwith 16 other ARO's were promoted on ad-hoc basis to the post of Scientist 'B', in terms of the directions issued by the High Court, vide order dated 01.12.2010, wherein Respondents were asked to grant one time relaxation/exemption to promote the eligible ARO's to the re-designated post of 'Scientist B'.
d) Resultantly, 17 ARO's including the petitioner herein, were appointed to the grade of Scientist B, in officiating capacity, on ad-hoc basis for period of one year, with effect from the date of their assumption of the charge of the higher post, vide order dated 27.04.2011 issued by Respondent-2. Upon the recommendation of Departmental Promotion Committee and Respondent-4, the President of India being the competent authority was pleased to appoint 21 ARO's including petitioner herein, on promotion to officiate as Scientist B in the pay scale of Rs. 15,600-39,100 (PB-3) + CP Rs.5,400 in CSMRS, New Delhi vide office Order dated 03.01.2012.
e) It also undisputed that petitioner was sent abroad on deputation as Research Officer (Scientist B) by Respondent-1 for a period of 2 years, extended to 3 years at a scientific post to Punatsangchhu-II Hydroelectric Project Authority, Thimpu, Bhutan, for the period between 17.10.2014 to 29.10.2017.
f) In the meanwhile, Respondent-3 DoPT issued an order dated 28.08.2014, categorically delineating that the period of ad-hoc service as Scientist B would not be counted as eligibility service for promotion to Scientist 'C.
g) Feeling aggrieved by above-mentioned office memorandum, the petitioner filed Contempt Case (C) No.308/2015 before the Hon'ble High Court of Delhi, stating therein, that the order dated 28.08.2014 passed by Respondent-3, was violative of the directions issued by the High Court in W.P. (C) No.1483/2005 vide its order dated 01.12.2010. The said contempt petition was dismissed by this Court vide order dated 18.05.2015, giving liberty to petitioner to approach learned Tribunal, qua the fresh cause of action, that had arisen.
h) As a consequence, the subject O.A No. 463/2016 was filed before the learned Tribunal by the petitioner, which after due consideration and perusal of the relevant documents on record, was dismissed by Learned Tribunal vide impugned order dated 27.08.2019.
(3.)At the outset, it is an admitted position that the petitioner was promoted to Scientist 'C on 29.10.2017 as soon as he returned from the deputation from Bhutan.