PUBLIC  INTEREST  LITIGATION  No.  142 /2011

DIST: PUNE

V/s

Union of India & others                                 :           Respondents

I N D E X

                                                                                                   Last Page: 61

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL WRIT JURIDICTION

PUBLIC  INTEREST  LITIGATION  No. 142 /2011

DIST: PUNE

V/s

Union of India                                                :           Respondents

SYNOPSIS

POINTS TO BE URGED;

The age of retirement by superannuation of the Central Government employees is 60 years. As per the provisions in F.R. 56(d), the Estt. Division of DoPT has laid down the procedure for grant of extension to the scientists through its D.O. letter No. 28/19/2000-EO(SM-II) dated 10^th July, 2000.

DRDO, by flouting the instructions of DoPT, has given unjustifiable extensions to many of its scientists. Not only the next men who have missed their promotions but several people have missed consequential promotions all along the hierarchy in DRDO.  This has caused frustration in senior scientists whose promotions have been blocked and has affected the morale of upcoming young scientists. A total of 1107 young entrants have resigned from DRDO between 2003 and 2007. In a severe blow to the already shrinking numbers of Researchers in DRDO, 20 top scientists have quit their jobs in the second half of the year 2010. All the efforts of DRDO to arrest the attrition rate, have miserably failed.

This is only because of the superannuating scientists who are clinging to their posts. The extended services of so-called distinguished scientists are required to be extinguished to arrest the exodus of dynamic young scientists from DRDO.  Some of the top scientists are enjoying extensions up to the age of 64-65 years. This is not only bad for DRDO; but it is the wastage of the national money on their salaries and other benefits. These malpractices are required to be stopped immediately in the national interest.

Hence, this Petition.

ACTS REFERRED TO & RELIED UPON:

1. Constitution of India
2. Fundamental Rules and Office Memoranda issued by DoPT, Union of India.
3. CCS (Conduct) Rules 1964
4. CCS (CCA) Rules 1965

AUTHORITIES REFERRED TO & RELIED UPON: Nil.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL WRIT JURIDICTION

PUBLIC  INTEREST  LITIGATION  No.142 /2011

DIST: PUNE

(Under Article 226 of the Constitution of India)

In the matter of extension and promotion in extension in the service of scientists in DRDO, Ministry of Defence, beyond the age of superannuation.

In the matter of Article 226 of the Constitution of India.

And

In the Fundamental Rules and Office Memoranda issued by DoPT, Union of India.

And

In the matter of CCS (Conduct) Rules 1964;

And

In the matter of CCS (CCA) Rules 1965;

Vs.

1. Union of India

Through

2. Union of India

Through

3. Union of India

Through

(No.1 to 3)

TO

THE HON’BLE CHIEF JUSTICE AND OTHER HON’BLE JUDGES OF THE HIGH COURT OF JUDICATURE AT BOMBAY

HUMBLE PETITION OF THE PETITIONER ABOVE NAMED:

MOST RESPECTFULLY SHEWETH:

The petitioner most humbly and respectfully submits as under:

1.         The Petitioner is a NGO registered under Bombay Public Trust Act 1950 and Societies Registration Act, 1860. It is based in Pune, Maharashtra and is fighting against social evils and injustice. It has developed enormous concern over the corruption in DRDO, Ministry of Defence.

2.         The petitioner is invoking the extra-ordinary writ jurisdiction of this Hon’ble Court under article 226 of the Constitution of India in public interest against the corrupt practices and irregularities in the working of DRDO.

3.         The cause of action for the filing of this Public Interest Litigation is the concern of the Petitioner which got accentuated over the grant of extension of service of scientists beyond the age of superannuation.

4.         The age of retirement by superannuation of the Central Government employees is 60 years. The procedure for grant of extension to the scientists is laid down in Department of Personnel and Training (DoPT) D.O. letter No. 28/19/2000-EO (SM-II) dated 10^th July 2000. Such extensions in service to the superannuating scientists are resorted to only in really exceptional circumstances. As per DoPT O.M. No.26012/6/2002-Estt.(A) dated 9.12.2002, whenever any specialist is considered for grant of extension, his character roll and personal file should be carefully scrutinized. He must have a good reputation for integrity and honesty. A certificate of integrity is required to be furnished by the appropriate authority in the Administrative Ministry.

5.         While making proposals for extension of service in higher posts, it is all the more necessary to apply higher standards of efficiency to persons whose appointments to the higher posts are recommended for approval of the Appointments Committee of the Cabinet. The number of top posts is bound to be very limited and a few persons should not have them for too long. No Government servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service.

6.   As per O.M. No. 26012/8/2011-Esst.(A) dated 16.05.2011, the criteria are laid down for considering cases of extension of service of scientists in terms of proviso to FR 56(d) and the guidelines for extension of service of eminent scientists of international stature beyond 62 years have been further reviewed as a need has been felt for a rigorous peer group screening by an inter disciplinary committee of experts.

7.         Departmental Peer Review Committee (DPRCs) headed by the Secretary of the Scientific Departments are constituted by the DOP&T with the approval of Prime Minister for a term of 2 years to consider the cases of extension of service of scientists beyond 60 years and up to 62 years.

8.          It has now been decided with the approval of Prime Minister that the existing/reconstituted Departmental Peer Review Committee (DPRC) shall also do the first stage screening of scientists for their extension beyond 62 years of age and thereafter the DPRCs’ recommendations will be placed before the committee under the Cabinet Secretary provided that the DPRCs have at least two outside experts apart from Secretary (Personnel & Training). The DPRCs must give detailed justification for such extension based on merits of the case; the international stature of the person recommended and shall also indicate whether this will block promotion opportunities of others in the Department. Such recommendations of the DPRCs for extension of service of scientists beyond 62 years will be sent to the Establishment Division of the DoPT for placing the cases before the committee under Cabinet Secretary. Only such cases recommended by the committee under Cabinet Secretary will be processed further for approval of Appointment Committee of the Cabinet (ACC) through the office of the Establishment Officer. Cases of extension of service of scientists beyond 60 years and up to 62 years recommended by DPRC will continue to be sent directly to the office of establishment officer in DOP&T as at present.

9.                        All proposals for extension of service of scientists beyond 62 years in terms of the 3rd proviso to FR 56(d) may, therefore, be processed keeping in view the above guidelines in addition to the criteria stipulated in the OM dated 09.12.2002 (Exh. – A)

10.                     But the Fundamental Rules (FR) and the timely instructions issued by DoPT through various Office Memoranda (O M) are not properly followed by DRDO. The present DGR&D,  11 CCR&Ds (Chief Controller, Research and Development), 52 Directors of various Laboratories / Organizations and hundreds of Scientists of ‘G’ and ‘H’ cadre have been given extension in their service. Most of these posts are having ‘Engineering’ as their basic qualification but they call themselves scientists and do the administrative duty. They are not performing any scientific duty. They are not at all engaged in any Research work. They are doing the administrative work only.

Engineering is not a Science. It is the application of Science. It is a Technical qualification. A scientist is basically a Researcher. But in DRDO persons having technical qualifications are recruited as scientists.

11.                  Thus, these so-called scientists who are basically engineers are performing administrative duty. And for administrative duty they are given extension in service. As if this is not enough, some of them are given promotions during the period of extension which is blatantly against the instructions of DoPT. At present more than 95% of scientists from DRDO are basically engineers. They don’t have any basic Science background. There is no research orientation. They are not doing any Scientific /Research work. Still, they get extension in service which is to be given exclusively to the scientists for completing the Research work in hand and such extensions are maximum for 2 years after superannuation.

12.   But, the present picture in DRDO is horrifying.

a.      Dr. A Sivathanu Pillai, CCR&D, born on 15^th July 1947 has completed 64 years of his age. He is basically an Electrical Engineer and performing his Administrative duty as CCR&D since 13^th Sep. 1999. For about 11 years he is enjoying the same post by blocking the promotions of many others in hierarchy.

b.      Dr. Prahlada, CCR&D, born on 5^th Feb. 1947 is basically a Mechanical Engineer. He was given extension in service for doing his administrative duty as CCR&D. Up to his age 64 he enjoyed the extension. Now he is appointed as the Vice-Chancellor of Defence Institute of Advanced Technology (DIAT), Pune which is a Deemed University.

c.       Dr. Vasudeva SK, CCR&D, born on 26^th Jan. 1947, took over the charge of his post on 1^st July 2001. For more than 10 years he is on the same post. Though he has completed 64 years and 8 months of his age and is still enjoying the extensions. His services are extended for 5 years after superannuation just to look after the administrative post. His extension in service is not at all justifiable. This is definitely going to block the promotion opportunities of others in DRDO.

d.      Dr. Arun Kumar, the DoP, born on 4^th Nov. 1950 has been given extension for looking after the Personnel matters. Director of Personnel is not a scientific post. He is not doing any Research work. He is doing only the Administrative work of Personnel. Still, he has been given extension.

He has committed offence under sections 167, 170 and 34 of Indian Penal Code.   He is an Accused in Criminal Complaint No. 1198/2011 in the Court of Hon’ble J.M.F.C., Court No.9, Pune (Exh. – F). The Sessions Court of Pune has confirmed the Criminal process issued against him. During the pendency of Criminal Complaint against him, his service was extended after superannuation. Actually, his service was required to be suspended as per Rule 10 (1) (b) of CCS (CCA) Rules.

To crown it all, he has issued ‘Integrity Certificates’ to Mr. Agarwal R C, Mr. Ikbal Singh and many others for their extensions in service after their superannuation and has forwarded their applications to DoPT (Exh. – C). Actually, as per DoPT instructions a Certificate of Integrity is to be issued by the appropriate authority in the Administrative Ministry.

A person who is undergoing a Criminal trial cannot be the appropriate authority. He has skillfully extended his own service and is extending services of others by issuing Integrity Certificates. The DGR&D is quite aware of this. The indifferent behavior of present DGR&D and his attitude of neutrality have generated many such odd and illegal things in DRDO. He is wholly responsible for this lawless situation in DRDO.

e.       Dr. A Subhananda Rao, Director, HEMRL, Pune and Director, GTRE, Bangalore, born on 1^st June 1950 has been given extension after superannuation. During this extension he is promoted to CCR&D.

He has committed offence under section 500 and 34 of Indian Penal Code. He is an Accused in Criminal Complaint STC No. 0437286/2009 in the Court of Hon’ble J.M.F.C., Pune. As per Rule 10 (1) (b) of CCS (CCA) Rules, he was required to be suspended immediately in August 2009 (Exh. – E). In spite of his Criminal status, the DGR&D has maintained him as Director, HEMRL, Pune. Recently, he has been given the additional charge of Director, GTRE, Bangalore. This additional charge of GTRE and promotion of CCR&D are given to the Accused person after his superannuation. Thus, one person is enjoying three posts at a time as if there are no other eligible candidates in the hierarchy of DRDO.  It is obvious that three deserving candidates have been discouraged and kept away from their promotions.

13.   The above five examples (a to e)   is the sample survey of the whole system of DRDO. It is just the tip of an iceberg. It is prevailing since long. It is not that the other specialists are not ripe enough to take over the job. It is not at all that they don’t have any other alternatives. In addition to the Fundamental Rules (FR), the DoPT has issued the timely Office Memoranda, but it lacks effective supervisory power as well as the willpower. Under the favour of DoPT, the DRDO is proceeding fast towards rampant extensions and promotions in extensions.  The top officers in DRDO are not ready to go home even after retirement. Like leeches they are clinging to the DRDO. Their extensions after superannuation are absolutely unjustifiable but nobody bothers about the side-effects and after effects of such illegal extensions. Unjustifiably extended scientists are the clots in the blood stream of DRDO. They are required to be removed instantly or else, one day, they will paralyze the whole system of DRDO. The DoPT very aptly formulates the provisions and makes rules in this regard but skillfully ignores the application of the same. Under the favour of DoPT, the top scientists of DRDO are enjoying extensions blatantly against the public interest and national interest.

14.   Such unjustifiable extensions after superannuation have resulted in discouraging the young scientists joining the DRDO. In the year 2006, about 322 junior scientists resigned from the DRDO and in 2007 the figure was 273. However, in 2008 the number came down to 150 and in 2009 only 61 scientists have put in their papers. According to the Defence Ministry a total of 1107 scientists, mostly young entrants have resigned from the DRDO between 2003 and 2007, implying that on an average one person leaves every two days. The attrition rate in DRDO, which has 7000 scientists, has been about 6.3 percent. And what was making the situation worse was that the organization was able to fill up only 60 -70 percent of its vacancies (Exh. – B).

In a severe blow to the already shrinking number of Researchers in Defence Laboratories across the Nation, 20 top scientists of the DRDO have quit their jobs in second half of year 2010.

15.   The rampant extensions in service after superannuation have discouraged the new generation of scientists as well as the old one. The old generation is fed up as their promotion opportunities have been blocked. K Meera, Sc. ’G’, GTRE, Bangalore, S.K. Jindal, Sc. ’G’, SPIC, New Delhi and Dr. Rajesh Rampal, Sc. ’G’, Defence Lab., Jodhpur have bitterly reacted and conveyed their strong protest to Mr. A K Antony (Exh. – D). It is not only the next man who misses promotion but often several people miss consequential promotions all along the hierarchy. Thus, too many cases of extension in service have caused frustration and affected the morale of the upcoming scientists who have exposure to latest technological developments in connecting fields. Extension in service to the superannuating scientists must be resorted to only in really exceptional circumstances. Such extensions must be in the public interest. Then only the health and the esteem of DRDO will be maintained.

16.   The Petitioner has not filed any other Petition in respect of the subject matter of this Petition in any other Court in India.

17.   It is therefore prayed that:-

For the specific reasons cited in the foregoing, the Petitioner prays for the issuance of appropriate Writs under Article 226 of the Constitution of India as under:

a.      The Respondents be directed to review and confirm the justifiability of all the extensions and the promotions in extensions in service in DRDO scientists beyond their age of superannuation.

b.      The Respondents be directed to cancel all the unjustifiable extensions and promotions in extensions in service of DRDO scientists beyond their age of superannuation.

c.       Any other suitable relief to which the Petitioner is deemed entitled to, be kindly granted in favour of the Petitioner.

FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

VERIFICATION

I, Dr. Rohidas Gopinath Taware, Age: 55 yrs., Secretary,     Ramshastri Justice Foundation, Regd. Office: 16, Mata Chambers, Anandnagar, Old Sangvi, Pune – 411 027, the Petitioner, do, hereby, verify that the contents of the Petition from Para No. 1 to 17 are true and correct to the best of my knowledge and belief and that I have not suppressed any material fact.

Identified by me,