Judgment :- 1. This writ petition is filed by the respondents in O.A. No.232/2003 being aggrieved by the order passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore, (hereinafter called `the Tribunal’) dated 25.09.2003 as per Annexure `A’ to the Writ petition. 2. The respondent herein, who was working as Technical Officer instituted an original application seeking for the following reliefs: “(i) To quash the memo dated 08.10.2002, Annexure `A7’ so far it pertains to denial of promotion to the applicant under FCS, (ii) to direct the respondents to grant the benefit of promotion to the applicant under the FCS (Flexible Complementing Scheme) in terms of Memorandum dated 04.02.1994, Annexure `A2’ and consequently, extend her the benefit of pay in the pay scale of Rs.8000 – 275-23500 with effect from 01.01.2002, (iii) direct the respondents to implement the terms of O.M. dated 24.07.1990, Annexure `A1’ without delay and (iv) to grant such other relief deemed fit, having regard to the facts and circumstances of the case.” It is the case of the respondent herein in the application that on 17.03.1997, the applicant who was working as Senior Library Attendant in the scale of Rs.1640-60-2600-EB-75-2900 [Group III(2)] was promoted as Technical Officer with effect from 01.01.1997 in the pay scale of Rs 200-60-2300-EB-75-3200-100-3500 [Group – III (3)]. The said promotion was granted to the applicant in terms of the provisions contained in the Official Memorandum No.Adm/SS/94 dated 04.02.1994 (Annexure `A2’) by which Flexible Complementing Scheme (FCS) for career improvement in respect of scientific and technical staff appointed prior to 30.10.1992 and introduction of the ICFRS pattern of FCS to scientific staff in the scale of Rs.2200-4000 and above, appointed on or after 30.10.1992 was approved. It is further averred that the second respondent under which the applicant is working is an autonomous body. According to the FCS for career improvement in respect of scientific and technical staff appointed prior to 30.01.1992, the members of such staff are entitled for four promotions. The applicant had already earned two promotions and the third promotion, according to her, was due on 01.01.2002. According to the FCS for career improvement in respect of scientific and technical staff appointed prior to 30.01.1992, the members of such staff are entitled for four promotions. The applicant had already earned two promotions and the third promotion, according to her, was due on 01.01.2002. The applicant staked her claim for 3rd promotion under such scheme by means of representation dated 11.09.2002, which came to be rejected vide impugned order dated 08.10.2002 (Annexure `A7’ to the application) on the ground that the request of the applicant for promotion through assessment under the FCS cannot be accepted since according to D.O.P.T., Government of India dated 09.11.1998, the FCS is applicable only to Scientists and the matter regarding uniform implementation of the provisions contained in the Official Memorandum No.19 (1)/IC/86 dated 24.07.1990 as per G.I., M.F.O.M. No.71/3/2001-IC dated 21.02.2002 is under examination. Therefore, the application was filed by the respondent herein for the above said reliefs. 3. The application was resisted by the respondents averring that the impugned order dated 08.10.2002 rejecting the claim of the applicant for promotion under FCS is strictly in accordance with law and there is no illegality or arbitrariness whatsoever. The FCS is not applicable to the applicant and the same is applicable only to Scientists. The applicability of Official Memorandum dated 24.07.1990 in the case of the applicant is under examination as the implication of the same would curtail some of the benefits of the applicant and shall be detrimental to the applicant. The representations made by the applicant have been responded by the official memorandum dated 08.10.2002. Therefore, the respondents have sought for dismissal of the application. 4. The representations made by the applicant have been responded by the official memorandum dated 08.10.2002. Therefore, the respondents have sought for dismissal of the application. 4. The Tribunal, after considering the contentions of the learned counsel for the parties and scrutinizing the material adduced by the parties before it, by the impugned order dated 25.09.2003, held that the applicant was given first and second promotion treating her to be technical staff and by order dated 17.03.1997, she was promoted from the post of Senior Library Assistant to the post of Technical officer under the same FCS scheme visualized by the Official Memorandum dated 04.02.1994 (Annexure `A2’ to the application) and wherefore, since applicant was a member of scientific and technical staff of respondent No.2 appointed prior to 30.01.1992, the applicant was entitled to the relief sought for and accordingly, allowed the application with a direction to the respondents to take appropriate decision in respect of the claim for third promotion under FCS scheme visualized by Official Memorandum dated 04.02.1994 from the date of eligibility within a period of three months from the date of receipt of the certified copy of the order. Being aggrieved by the said order of the Tribunal dated 25.09.2003, this Writ petition is filed by the respondents in the application. 5. It is averred in the writ petition that the order passed by the Tribunal allowing the application is illegal and is liable to be set aside as the Tribunal has committed an error in directing the respondents to consider the claim of the applicant for promotion under the FCS scheme as per the official memorandum dated 04.02.1994 (Annexure `A2’). The Government of India has already accepted the recommendation of the Fifth Pay Commission, wherein it is recommended that the FCS should be confined only to persons holding Scientists and Technologists, who are holding scientific group `A’ posts. A decision has already been taken and the Government of India has also directed that all the earlier rules for promotion of scientific and technical staff appointed prior to 30.10.1992 should be scrapped with immediate effect vide letter dated 25.08.2000. The Board of Governors of the second petitioner – Institute are bound by the Government of India direction and they have already forwarded new rules (Annexures L1 and L2 to the application) and the same are pending consideration before the Government. The Board of Governors of the second petitioner – Institute are bound by the Government of India direction and they have already forwarded new rules (Annexures L1 and L2 to the application) and the same are pending consideration before the Government. Having regard to the fact that the old FCS scheme has been done away with in so far as the persons other than those holding scientific posts are concerned, the question of considering the case of the respondent under the said scheme would not arise. The second petitioner – Institute function under the overall control of Ministry of Environment and Forests and the recruitment rules can only be framed after prior approval of the Government of India. In the Board of Governors meeting, the Board has already accepted the recommendation of the V pay Commission. The effect of the said acceptance would amount to discontinuance of the old system in so far as the person, who are not holding scientific posts. The new rules have been framed and are awaiting the approval of the Government of India. Therefore, the remand order passed by the Tribunal is liable to be set aside. 6. We have heard the learned Assistant Solicitor General appearing for the petitioners (respondents before the Tribunal) and the learned counsel appearing for the respondent (applicant before the Tribunal). 7. The learned Assistant Solicitor General appearing for the petitioners submitted that the FCS visualized by the official memorandum dated 04.02.1994 has been discontinued after the recommendation of the 5th Pay Commission has been approved and the said scheme would now be applicable only to the Scientists and not to the applicant, the respondent herein and the order passed by the Tribunal is liable to be set aside. He has produced copy of the recruitment Rules and the memorandum of association and the Regulations of the second respondent – Institute. The learned counsel further submitted that the Tribunal was not justified in extending the FCS to the applicant – respondent herein and wherefore, the impugned order is liable to be set aside. 8. The learned counsel appearing for the respondent – applicant submitted that the order passed by the Tribunal is justified and the same does not suffer from any error or illegality as to call for interference in this writ petition. 9. 8. The learned counsel appearing for the respondent – applicant submitted that the order passed by the Tribunal is justified and the same does not suffer from any error or illegality as to call for interference in this writ petition. 9. We have given careful consideration to the contentions of the learned counsel appearing for the parties and scrutinized the material on record. 10. The scrutiny of the material on record would clearly show that the respondent herein (applicant before the Tribunal) entered into service with the second petitioner (respondent No.2 before the Tribunal) – Indian Plywood Industries Research and Training Institute as Junior Technical Assistant on 21.03.1986 in the pay scale of Rs 425 to Rs. 700. As per the existing rules, the applicant was promoted as Senior Library Assistant Group III (2) in the pay scale of Rs.1640-60-2600-EB-75-2900 with effect from 01.01.1991 and again promoted as Technical Officer Group III (3) in the pay scale of Rs. 2000 – 3500 vide Official Memorandum dated 17.03.1997. The pay of the applicant was revised from time to time as per the recommendation of the Pay Commission. It is clear from the material on record that the respondent – applicant has claimed promotion under the FCS Scheme on the basis of the Official Memorandum dated 04.02.1994 as per Annexure `E’ to the writ petition. The applicant respondent herein submitted an application on 11.09.2002 as per Annexure `A6’ to the application to the second respondent herein stating that she is due for assessment of promotion since January 2002 and her request for assessment of promotion may be considered as per the existing promotion policy of the institute or in the alternative, to ensure uniform implementation of provision of O.M.No.19(1)/1C/86 dated 24.07.1990. The Tribunal has proceeded on the basis that when the earlier directions were given on the basis of the order dated 04.02.1994, which was in existence and applicable to both Scientists and Technical staff, the third promotion could not be denied to the applicant – respondent herein and has issued impugned directions. The Tribunal has overlooked the material fact that the Government of India, Ministry of Finance, Department of Expenditure has issued an office memorandum on 21.02.2002 for implementing the pay scale recommended by the 5th Central Pay Commission and that resolution was passed by the Board of the second respondent Institute accepting the recommendation of the 5th Pay Commission. The Tribunal has overlooked the material fact that the Government of India, Ministry of Finance, Department of Expenditure has issued an office memorandum on 21.02.2002 for implementing the pay scale recommended by the 5th Central Pay Commission and that resolution was passed by the Board of the second respondent Institute accepting the recommendation of the 5th Pay Commission. In view of the acceptance of the recommendation of the Fifth Central Pay Commission, by order of the Government of India, Ministry of Environment and Forests, dated 08.02.1999, the FCS has been modified and the same has been confined to Scientists and further, it is clarified that subjects such as Sociology, Library Science, Documentation and Museology have been excluded from the purview of the new FCS. Therefore, the FCS envisaged under the memorandum dated 04.02.1994 is no more available to the applicant – respondent herein and in the endorsement that is given by the second petitioner – Institute to the applicant – respondent as per Annexure `A7’ to the application dated 08.10.2002, it is clearly stated that: the FCS is not applicable to the respondent as she is a member of the Technical staff; the FCS would be available only to the Scientists and the alternative prayer of the respondent for uniform implementation of the provisions contained in Office Memorandum No.19(1)/IC/86 dated 24.07.1990 is under examination. In view of the fact that the FCS envisaged in the Memorandum dated 04.02.1994 is not applicable to the technical staff and pursuant to the Government of India’s decision implementing the recommendation of the Fifth Central Pay Commission, separate Rules, namely, Recruitment and Promotion Rules in respect of Technical Staff (Annexure `L2’ to the application) have been framed by the second petitioner – Institute, which Rules had not been framed when the matter was pending consideration before the Tribunal, it is clear that the impugned order passed by the Tribunal allowing the original Application only on the ground that since the earlier two promotions were given to the applicant – respondent herein under the FCS envisaged under the Memorandum dated 04.02.1994, her claim for third promotion could not be denied under the said scheme is illegal and cannot be sustained and is liable to be set aside. Accordingly, we hold that the writ petition is entitled to be allowed and pass the following order:- The Writ petition is allowed. Accordingly, we hold that the writ petition is entitled to be allowed and pass the following order:- The Writ petition is allowed. The order passed by the Central Administrative Tribunal, Bangalore Bench, Bangalore in O.A.No. 232/2003 dated 25.09.2003 is set aside and O.A.No.232/2003 is dismissed. However, there shall be no order as to cost in this writ petition.