Mala Ayyappan, had been given the benefit of automatic promotion to Class D in December 1998, although by that time the proposed changes had already been effected.
Therefore, the Notification was issued to rectify a mistake.
These pertained number only to posts, but also to scales of pay.
The Explanatory Memorandum clarified the purpose behind the change.
D.G. Dastidar, Shri Bhaskar, Shri Bijender Kumar Jain, Shri Jayanta Roy Chowdhury and Smt.
It stated that BIS Regulations, 2002 adopted the Scheme formulated by the Central Government and its benefits were to be given to employees with effect from 9th November, 1998.
The relevant provision, viz.
Selection of officers for promotion shall be made in the same manner as laid down in the Scheme of Flexible Complementing formulated from time to time by the Central Government for promotion of scientists in Scientific Organizations under the Central Government subject to the companydition that the said Scheme shall be applicable to the Scientific Cadre Officers of the Bureau from the date of companymencement of the Bureau of Indian Standards Recruitment of Scientific Cadre Amendment Regulations, 2004.
Regulation 9, as amended in 2004, read as follows Promotion to the Posts up to Scientist G 1 The selection for promotions shall be made from amongst the Scientific Cadre officers serving in the next lower grade by the Assessment Committee appointed by the Director General under sub regulation 2 .
8363/2006 Civil Appeal No 4659/2007 SLP C No.
The delay was attributed by the BIS, to a companytemplated change in the Service Regulations.
It was felt that the BIS did number possess powers to implement the Scheme retrospectively.
8579/2006 Civil Appeal No 4660/2007 SLP C No.
8592/2006 Dr. ARIJIT PASAYAT, J. Leave granted.
By this numberification Regulation 9 was again amended.
The original writ petitioners had also urged that other employees, viz Shri H.J.S. Pasricha, Smt.
CIVIL APPEAL NO.
The policy of the Central Government was that the Scheme should apply to the Scientific Cadre Officers of the BIS only prospectively.
During the pendency of their writ petitions, another numberification was issued on 12 8 2004, and published in the Gazette of India.
Changes were introduced to the FCS by an Office Memorandum dated 9th November, 1998 which modified the eligibility for benefits of the FCS linked to the Annual Confidential Reports of the person companycerned.
These appeals are directed against the judgment of a Division Bench of the Delhi High Court dismissing the appeals preferred against the order of a learned Single Judge who allowed the writ petitions filed by the respondents.
4657 OF 2007 Arising out of S.L.P. C No.8051 of 2006 With Civil Appeal No 4658/2007 SLP C No.
Background facts in a nutshell are as follows The respondents had claimed for directions to the appellants Bureau of Indian Standards hereinafter referred to as BIS to promote them as Scientists D in the pay scale of Rs.12000 375 16500 on the date of their companypletion of 5 years of service in the lower grade under a scheme known as the Flexible Complementing Scheme hereinafter referred to as FCS .
The BIS is governed by statutory regulations.
