• Recruitment rules related

I am Dr. G. S. Geetha, Scientist-C(Social Science), MSW, PhD (Master in Social work and PhD in Sociology) joined the Central Silk Board, Ministry of Textiles, Govt of India as Senior Research Assistant (Social Science) on 30th September 1991 at CSRTI, Mysore. The required qualification quoted for the recruiting the post of Senior Research Assistant (Social Science) was masters in social science. 

According to the recommendations of the Fifth Central Pay Commission- Flexible Complementing Scheme for Scientists in various scientific departments was implemented and Central Silk Board also followed the same. Accordingly along with other natural science scientists I was also brought under the FCS and given in-situ promotion and designated as Scientist-C (Social Science).

Inspite of completing my residency period, I was not called for the interview for the post of Scientist-D during 2011. When I approached the Central Silk Board it stated that the essential qualification prescribed for scientific posts in Central Silk Board as per the "Ministry of Textiles, Central Silk Board, Scientist Group 'A' Post, Recruitment Rules, 2013" (notified by the Ministry of Textiles on 28th November 2013) is "Master's degree in Science or Master's degree in Agricultural Sciences or Bachelor of Engineering or Bachelor of Technology in Textile Technology from a recognised University". After issue of the Modified Flexible Complementing Scheme vide O.M. No.AB-1401713712008-Estt(RR) dated 10th September 2010, the Department of Personnel & Training, Govt. of lndia on 23rd September 2011(through Frequently Asked Questions) has specifically clarified that Scientists with Master's Degree in Natural/Agricultural Sciences or Bachelor's Degree in Engineering/ Technology/Medicine only are eligible for Flexible Complementing Scheme. Therefore, Dr. G. S. Geetha is not eligible for grant of in situ promotion under FCS. However, the financial upgradations under the Modified ACP Scheme are applicable as per her eligibility as applicable to other non-scientific ofiicials of CSB”.

Sir, I would like to bring to your notice that there are many social scientists with my qualification and are working in different cadres from Scientist-B to Scientist-F in the other scientific organisation regulated by DOPT like ICSSR, ICMR, ICAR and other agriculture universities.

The appointment order says ‘After satisfactory completion of probation (two years) the conditions of service shall be governed by the board’s rules’ and other DA and other allowances under Central Silk Board Act 1948(Act .No LXI of 1948)  

Sir with this backdrop now my question is

1.	Am I eligible for FCS?
2.	Applicability of new recruitment rules for my case – Prospective or retrospective?
3.	Do you have any judgement copies to support my case
4.	How I can go about to get justice?
5.	What I should do now and whom I have to approach?

It is also to inform that I am involved in research work till today in socio economic aspects, women in sericulture, sericulture extension. So far I have conducted more than 20 research projects in the capacity of Principal/Co-investigator and published 23 research articles in reputed International and National Journals.

From

Dr. G. S. Geetha, Scientist-C, CSRTI, Central Silk Boad, Srirampura, H.D.Kote Road, Mysore -570023, Karnataka. Contact no. Mobile-9036413529/9448930845
Asked 1 year ago in Labour from Mysore, Karnataka
1. It has already been clarified by the Gvt that you are not eligible for FCS,

2. The applicability of new recruitment rule  is prospective,

3. It is well settled proposition of law that the new rule is applicable from the date of its implementation,

4. Approach CAT against your department seeking relief,

5. Approach CAT and if you do not get justice there, file  Writ Petition seeking justice,

6. While filing W.P. before the High Court, also mention about your research work to get at par with others who are being given the said benefit.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0