MBAPS group placement follows recruitment-time qualifications; promotion-date options are limited to the prescribed period.

The applicant joined the National Institute of Epidemiology as a Laboratory Assistant on 5 June 1991, with Plus Two and a recognised Laboratory Technician certificate as his essential qualification.

He was later granted the post of Laboratory Technician with effect from 5 June 1996.

Under the Indian Council of Medical Research’s Merit Based Assessment Promotion Scheme (MBAPS), he was placed in Group II.

He sought placement in Group III, relying on his qualifications and the treatment of other technical employees, including employees with SSLC and PMW qualifications, who had been placed in that group.

After the Tribunal directed the respondents to issue a speaking order in an earlier application, the respondents rejected his claim by order dated 3 October 2017.

He challenged that order in this application.

1. Whether the applicant was entitled to placement in Group III under the MBAPS, rather than Group II, based on his qualifications and the treatment of other employees.

2. Whether the applicant could opt for MBAPS placement from the date of his promotion to Laboratory Technician on 5 June 1996.

The Tribunal applied the ICMR MBAPS Guidelines dated 14 September 2016.

Clause 3.2 provides that an existing employee’s group placement is determined by the essential educational and technical qualifications prescribed for the post under the Recruitment Rules applicable at recruitment, or by the relevant regular post/pay scale or advertised qualifications.

Clause 5.2 applies the higher group’s qualifications to existing employees seeking movement to that group, while Clause 5.4 limits Group III employees without a relevant three-year degree to assessment promotion up to Grade III (4), carrying Grade Pay of Rs. 5,400.

The Tribunal also considered the ICMR clarification dated 8 February 2017 on placement by essential qualification, and the OM dated 25 April 2017, which allowed certain employees promoted between 1 January 1987 and 31 March 1992 to opt from their promotion date so that pre-1987 service could be accounted for.

No judicial precedent was cited or applied.

The Tribunal found that the applicant had been appointed as a direct recruit in 1991 and was placed in Group II in accordance with the applicable ICMR guidance and the essential qualification for his post; his personal qualifications did not independently determine his group placement.

It further held that the 25 April 2017 option was confined to employees promoted between 1 January 1987 and 31 March 1992, for the purpose of accounting for service rendered before 1 January 1987.

The applicant’s promotion took effect in 1996, so that provision did not apply to him.

The Tribunal therefore found no basis to interfere with the rejection of his claim.

It held that he had not established entitlement to Group III placement or to have his MBAPS placement determined from his 1996 promotion date, and dismissed the application.

No order as to costs was made.