Abandoned at Arabian Sea? How scientist’s 39-day delay for critical mission almost cost him his career

“The facts of the case are a clear reflection of the manner in which the Personnel Department of the Government Organisation deals with the officers,” the court said on May 26, adding that scientist was denied relaxation despite being on official duty at the Arabian Sea during the relevant period.

Chief Justice Arun Bhansali and Justice Kshitij Shailendra said that the scientist could not have abandoned an ongoing government scientific mission to Arabian Sea merely to join another department. (Image enhanced using AI)

High court criticises bureaucracy

• Rejecting the Centre’s arguments, the high court held that the 1998 DoPT memorandum clearly permitted counting of previous Group A service for completing eligibility conditions for promotion.
• The court said that the scientist could not have abandoned an ongoing government scientific mission to Arabian Sea merely to join another department earlier and said the tribunal was justified in granting relief, especially when the deficiency was only 39 days.
• The court questioned why the personnel department chose to litigate against an officer who had been serving the country on a difficult offshore mission at the Arabian Sea .
• Finding “no substance” in the Central government’s plea, the high court dismissed the writ petition, effectively protecting scientist’s promotion.
• The bench remarked that the department appeared to be acting for “extraneous reasons.”

Lone chemist on Arabian Sea mission

Parimal Banerjee was serving with the GSI since July 24, 2009, when he received an appointment offer on August 11, 2010 for the post of Chemical Examiner Grade-II under the Union government through direct recruitment.

He was initially asked to join by September 10, 2010.

But Banerjee sought additional time because he was engaged in an important offshore assignment with the GSI.

Authorities first extended the joining deadline till October 31, 2010 and later till February 10, 2011.

The court noted that Banerjee was the “lone chemist participant” aboard cruise SD-231 during an offshore geological mapping mission in the Arabian Sea in November and December 2010.

He carried out onboard chemical analytical tests required for the mission.

After completing the assignment, GSI relieved him on February 7, 2011, and he joined the new department within two days on February 9, 2011.

Promotion blocked over 39-day gap

The dispute arose when promotions from Chemical Examiner Grade-II to Chemical Examiner Grade-I were considered for the vacancy year 2014-15.

Under the recruitment rules, direct recruits required five years of regular service to become eligible for promotion.

Authorities calculated Banerjee’s service from February 9, 2011 and held that he fell short by 39 days on the crucial eligibility date.

Banerjee argued that similarly situated officers had previously been granted relaxation and sought similar relief.

When his request was denied, he approached the CAT seeking consideration for promotion.

Tribunal relied on DoPT policy

In April 2016, the CAT ruled in Banerjee’s favour after relying on a Department of Personnel and Training (DoPT) Office Memorandum dated September 1, 1998.

The policy permits counting of previous Group A service for promotion eligibility when an employee joins another government organisation through direct recruitment in public interest.

The tribunal also relied on Supreme Court judgments, including Union of India vs V N Bhat and Scientific Advisor to Raksha Mantri vs V M Joseph, to hold that Banerjee’s previous Group A service in the GSI could not simply be ignored for promotion purposes.

Centre warned of ‘chaos’

The Central government argued that Banerjee admittedly lacked the mandatory service period and therefore could not be promoted.

It also contended that the DoPT memorandum would not apply in his case and warned that such an interpretation could create administrative “chaos.”

Banerjee’s counsel countered that the scientist had delayed joining only because he was performing official duty aboard the Arabian Sea expedition and had reported to the new department immediately after being relieved.

The court said that during the pendency of the case, Banerjee had already been promoted in compliance with the CAT order, subject to the outcome of the writ petition.