K Asokan v. Nuclear Science Centre & Ors

VIPIN SANGHI, J ANU MALHOTRA, J MAY 22,2017 B.S. Rohella pgge IS of IS

$-70. * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22.05.2017 % K ASOKAN Appellant Through: Mr. Krishna Kumar, Mr. Shekhar Vyas, Mr. Arun Pathak & Ms. Yukti Bishnoi, Advocates. ^ versus NUCLEAR SCIENCE CENTRE & ORS Respondents Through: Ms. Mahika Trivedi, Advocate for respondent No. 1. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE ANU MALHOTRA VIPIN SANGHI. J. (ORALl Caveat No.507/2017 1 • Learned counsel for the caveator has appeared. 2. Accordingly, the caveat stands discharged. CM. No. 19402/2017 3. Exemption allowed, subject to all just exceptions. 4. The application stands disposed of. « , .r,c Page I of 15 CM. No. 19403/2017 ./ 5. List of dates is taken on record. 6. The application stands disposed of. LPA 395/2017 and C.M. No. 19401/2017 7. The appellant has preferred the present Letters Patent Appeal to assail the judgment dated 28.03.2017 passed by, the learned Single Judge in W.P. (C) No. 1813/2003, whereby the appellant's aforesaid writ petition has been dismissed with costs of Rs.30,000/-. The appellant had preferred the said writ petition to seek the relief of grant of higher pay grade in the scale of Rs.3000-4500 as payable to a. Scientist-'D' instead of Rs.2200^000, on which the appellant was appointed as Scientist—'C'/ Scientist Coordinator. 8. The respondent Nuclear Science Centre (NSC) issued an advertisement in December 1993 inviting applications to the post of Scientists in the pay scale of Rs.2200^000. Amongst the Scientists, the applications were invited for Scientist Coordinator. For the said post, the advertisement provided the minimum qualification as M.Sc. in Physics with experience, or Ph.D. (Physics). The advertisement, inter alia, provided that ''higher starting salary/ grade may be admissible to a candidate having suitable experience and qualifications". The appellant applied in response to the said advertisement. The Selection Committee - consisting of five Scientists, interviewed the appellant apart from eight other candidates. The Selection Committee made its report dated 24.02.1994, which reads as follows: ^ V SELECTION COMMITTEE REPORT The Selection Committee constituted to interview the candidates called for the post of SCIENTISTS (COORDINATOR) in the scale of 2200—4000 met on February 24, 1994. In response to the advertisement 93/12 dated 9.12.93, 48 applications were received. A screening committee constituted by the Director selected 10 candidates to be called for the interview. 9 candidates appearedfor the interview. The Selection Committee's recommendations are: Dr. K. Asokan may be appointed in the scale of Rs.2200-4000 with four increments. It should be specified in the letter of appointment that his job is to assist the Convener AUC in coordinating user activities, workshops/ seminars, publications and liaison work in experiments. Sd/- Sd/- PROF. PRASANTA SEN PR/OF. S. C. PANCHOLI S.I.N.P., Calcutta Delhi University Sd/- Sd/- Sd/- DR. R.K. BEOWMIK DR.S.K. Ddtta PROF. G. K. MEHTA" (emphasis supplied) y 9. On the basis of the said report, an offer was made to the appellant on 07.04.1994. In the offer made to the appellant, the respondent, inter alia, clearly stated: "Dear Dr. Ashokan, With reference to the interview you attended on February 24, 1994, I wish to inform you that you have been selected for the post of Scientists (Cordinator) in the Nuclear Science Centre on the basic salary of Rs.2500/- per month in the grade of Rs.2200-75-2800-EB-100-4000. You will be entitled to allowances as admissible in the centre (annexure enclosed). Your terms of appointment and other service condition will be governed by the bye-laws and the rules of the Centre framed from time to time. Your duties will be to assist the Convenor, AUC in coordinating user activities, workshops/ seminars, publications and liaison work in experiments besides work assigned by the Director. " (emphasis supplied) 10. The appellant accepted the said offer vide communication dated 18.04.1994.