Facts
The petitioners, comprising various Scientists and the All India NIC S&T Officers Association, filed Contempt Petitions (CPs) alleging non-compliance with previous orders passed by the Tribunal in several Original Applications (OAs).
Source reference: p. 62In those OAs, the Tribunal had directed the respondents to consider the petitioners' representations regarding service benefits (in-situ promotions), keeping in view the Supreme Court judgment in Union of India v. Vinay Kumar.
Source reference: p. 62-63The respondents claimed to have examined individual cases and granted entitled benefits, which the petitioners disputed.
Source reference: p. 63Detailed affidavits regarding specific employees were filed by the respondents on 13.10.2025 following Tribunal directions.
Source reference: p. 63Issues
1. Whether the respondents committed willful disobedience of the Tribunal’s directions to extend benefits of the Vinay Kumar judgment to similarly situated employees.
Source reference: p. 632. Whether the respondents are required to pass and communicate individual speaking orders to each applicant/member of the association to enable further legal recourse.
Source reference: p. 65Law Applied
Legal principles established by the Hon’ble Supreme Court in Union of India & Anr. v. Vinay Kumar, Civil Appeal No. 6359/2016, which governs the criteria for extending specific service benefits to similarly situated Scientists and S&T officers.
Source reference: p. 63The principle of "reasoned and speaking orders" as a prerequisite for administrative transparency and to provide a basis for judicial review if a claimant remains aggrieved.
Source reference: p. 65Reasoning
The Tribunal scrutinized the implementation details provided by the respondents, specifically examining the promotion dates and residency periods of five sample employees.
Source reference: p. 64In the case of Sh. Prashant Kumar Mittal, the Tribunal noted that his promotion to Scientist ‘F’ was antedated to 01.07.2010 rather than 01.01.2010 because he only completed the prescribed five-year residency period by the later date.
Source reference: p. 64Based on this examination, the Tribunal found no prima facie evidence of "willful disobedience".
Source reference: p. 65The Tribunal observed that while some collective benefits were granted, the respondents had not yet issued individual orders to every petitioner or association member; to resolve this, the Tribunal recorded an undertaking from the respondents' counsel to pass and supply separate, reasoned orders to every concerned employee.
Source reference: p. 65Holding
The Tribunal held that there was no willful disobedience of the original orders at this stage.
The Contempt Petitions were closed subject to the undertaking that the respondents shall pass separate, reasoned orders for each applicant/member of the association and supply copies to the concerned employees within eight weeks.
Source reference: p. 65The petitioners were granted liberty to file fresh Original Applications if they remain aggrieved by the contents of those individual orders.
Source reference: p. 65Original Court PDF
SHIVCHARAN SINGHvsALKESH KUMAR SHARMA SECRETARY & ORS DEPARTMENT OF INFORMATION AND TECHNOLOGY
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