Central Administrative Tribunal - Mumbai
Shiny Chandran vs M/O Agriculture on 1 November, 2018
1 OA No. 546/2017
with OA No. 567/2017
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No. 546/2017
with
ORIGINAL APPLICATION No. 567/2017
Date Of Decision: 01st November, 2018.
CORAM: HON'BLE SHRI. R. VIJAYKUMAR, MEMBER (A).
HON'BLE SMT. RAVINDER KAUR, MEMBER (J).
1) Shri Mattinkha Amirkha Atar,
Age 30 years, S/o Amrikha Husenkha Atar,
Working as Research Associate,
In Regional Plant Quarantine Station,
Residing at Flat No. 204, Rizwan
Apartment, Aqsa masjid Road,
Bandivali, Jogeshwari, (W),
Mumbai-400 102.
2) Shri Amar Dinkarrao Almale,
Age 32 years, S/o Dinkarrao Sadashivrao
Almale, Working as Research Associate,
In Regional Plant Quarantine Station,
Residing at Flat No. 105, Yash Garden,
CHS, Plot no. 73/74, Sector 18,
Kamote- 410 209.
3) Shri Deepak Nanabhau Bhosale,
Age 32 years, S/o Nanabhau Lahanu
Bhosale, Working as Research Associate,
In Regional Plant Quarantine Station,
Residing at Flat No. 702, Prathamesh
villa CHS, Plot No. 28, Sector 18,
Kamothe- 410 209.
4) Shri Prabat Pal Singh,
Age 27 years, S/o Krishna Pal Singh,
Working as Research Associate,
In Regional Plant Quarantine Station,
Residing at 801/802, Lake Homes, Pleasant
Near, Gopal Sharma School, Pawai,
Mumbai- 400 076.
5) Shri Sandeep Lahanu Garje,
Age 32 years, S/o Lahanu Tulsiram Garje,
Working as Senior Research Fellow,
In Regional Plant Quarantine Station,
Residing at SS-III, R.No. 933,
2 OA No. 546/2017
with OA No. 567/2017
Sector No.3, Koparkhairane- 400 709.
6) Shri Sachin Popatrao Palve,
Age 33 years, S/o Popatrao Palve,
Working as Senior Research Fellow,
In Regional Plant Quarantine Station,
Residing at Sai Shradha 23/A, Sanchar
Nagar, Pipe Line Road, Savedi,
Ahmadnagar- 414 003.
...Applicants in OA No.546/2017.
1) Shiny Chandran,
Age 32 years,
Daughter of K.K. Chandran,
Working as Research Associate,
In Regional Plant Quarantine Station,
Residing at 501, Dwarka Building,
Sumangal Tower,
Kalyan West, Thane- 421 301.
...Applicant in OA No. 567/2017.
(By Advocate Shri S.V. Marne in both the OAs.)
Versus
1) Union of India,
Through the Secretary,
Ministry of Agriculture & Farmers
Welfare, Dept. of Agriculture, Co-
operation & Farmers Welfare, CGO Complex,
New Delhi- 110 001.
2) The Directorate of Plant Protection,
Quarantine & Storage, CGO Complex,
NH-IV, Faridabad- 421 001.
3) The Joint Director,
Regional Plant Quarantine Station,
Haji Bunder Road,
Sewree(East), Mumbai-400015.
...Respondents in both the OAs.
(By Advocate Shri R R Shetty in both the OAs.)
Reserved on : 12.10.2018.
Pronounced on : 01.11.2018.
3 OA No. 546/2017
with OA No. 567/2017
ORDER
PER:- R. VIJAYKUMAR, MEMBER (A). These applications have been filed on 13.09.2017 & 21.09.2017 respectively under Section 19 of the Administrative Tribunals Act, 1985 seeking the follwing reliefs:-
Reliefs in OA No. 546/2017:-
"a) This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same, restrain the Respondents from terminating the services of Applicant Nos. 1, 2 & 3 from the post of Research Associates and of Applicant Nos. 4 to 6 on the post of Senior Research Fellow in pursuance of the selection process to be conducted in pursuance of the Notification dated 02.08.2017 and walk-in-interview dated 16.09.2017 and to that limited extent quash and set aside the Notification dated 02.08.2017.
b) This Hon'ble Tribunal may further be pleased to direct the Respondents not to replace the services of the Applicants by any person who is not a regularly selected permanent employee.
c) This Hon'ble Tribunal may further be pleased to direct the Respondents to grant weightage to the Applicants as and when the Applicants participate in selection process for regular appointments on the posts of Assistant Plant Protection 4 OA No. 546/2017 with OA No. 567/2017 Officer(Research Associate) and Scientific Assistant(Senior Research Fellow).
d) Costs of the application be provided for.
e) Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed."
Reliefs in OA No. 567/2017:-
"a) This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same, restrain the Respondents from terminating the services of Applicant from the post of Research Associate in pursuance of the selection process to be conducted in pursuance of the Notification dated 04.08.2017 and walk-in-
interview dated 16.09.2017 and to that limited extent quash and set aside the Notification dated 04.08.2017.
b) This Hon'ble Tribunal may further be pleased to direct the Respondents not to replace the services of the Applicants by any person who is not a regularly selected permanent employee.
c) This Hon'ble Tribunal may further be pleased to direct the Respondents to grant weightage to the Applicants as and when the Applicants participate in selection process for regular appointments on the posts of Assistant Plant Protection 5 OA No. 546/2017 with OA No. 567/2017 Officer(Research Associate).
d) Costs of the application be provided for.
e) Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed."
2. The six Applicants (A1-A6) in OA No. 546/2017 and the single applicant(A1) in OA No. 567/2017 are as below:-
A1) Shri Mattinkha Amirkha Atar, Date of appointment as Senior Research Fellow(SRF):
10.03.2011, Date of appointment as Research Associate (RA): 13.08.2014.
A2) Shri Amar Dinkarrao Almale, Date of appointment as SRF: 10.03.2011, Date of appointment as RA (M.Sc.): 01.08.2013. A3) Shri Deepak Nanabhau Bhosale, Date of appointment as SRF: 10.03.2011, Date of appointment as RA (M.Sc.): 13.08.2014. A4) Shri Prabat Pal Singh, B.Sc., Date of appointment as SRF: 25.08.2014. A5) Shri Sandeep Lahanu Garje, B.Sc., Date of appointment as SRF: 21.02.2011. A6) Shri Sachin Popatrao Palve, B.Sc. Date of appointment as SRF: 21.2.2011.
A1) Shiny Chandran, Date of appointment as RA:
17.02.2011.
3. The qualifications and salary prescribed for Research Associate and Sr. Research Fellow in 2011 were as below:-
6 OA No. 546/2017with OA No. 567/2017
"2) Research Associate(3 posts):
Consolidated salary of Rs. 24,000/- + 30% HRA for PhD. & Rs. 23,000/- + 30% HRA for M.Sc. Qualifications.
Ph.D or M.Sc in the area of specialization i.e. Plant Pathology, Entomology & Weed Science/Agronomy.
3) Sr. Research Fellow(10 posts):
Consolidated salary of Rs. 12,000/- plus 30% HRA. Must be graduate in Agriculture with two years experience. Preference will be given for Post Graduates in Entomology/Pathology/Weed Science."
4. By order No. F.No. 2-15/2010- ADM/Vol.II dt. 12.08.2014, when Sl.No. 4 was appointed as SRF, the salary increased to Rs. 16,000/- + 30% HRA. By orders issued in OM in File No. Edn./6/27/2014/HRD dt. 01.07.2015, the ICAR, who have not been impleaded in this matter, increased the emoluments for contract SRF and RA. For Post Graduates in subjects other than Veterinary Science working as SRF in ICAR Research Schemes, the rates were increased from Rs. 16,000/- for first and second year and Rs. 18,000/- for the third year to Rs. 25,000/- and Rs. 38,000/- respectively. For RAs in ICAR Research Schemes, the rates were 7 OA No. 546/2017 with OA No. 567/2017 increased from Rs. 23,000/- to Rs. 38,000/- for Master's Degree holders and Rs. 24,000/- to Rs. 40,000/- for Doctorates.
5. The qualifications that were prescribed earlier were also modified as follows:-
"Research Associates(RAs):
With Doctoral Degree: Ph.D in the relevant subject. OR With Master's Degree: Master's Degree in the relevant subject with 4 years/5 years of Bachelor's Degree having 1 st division or 60% marks or equivalent overall grade point average, with at least two years of research experience as evidenced from Fellowship/Associateship/Training / other engagements as circulated vide F.No. 2-9/2012-HRD dt. 25.04.2014.
Senior Research Fellows(SRF):
Master's Degree in the relevant subject with 4 years/5 years of Bachelor's degree. Candidates having post graduate degree in Basic Sciences with 3 years Bachelor's degree and 2 years Master's degree should have NET qualification as mentioned in the OM SR/S9/Z-09/2012 of DST dt. 21.10.2014(copy attached).
Other terms and conditions enunciated in guidelines for SRF and RAs working in ICAR funded scheme shall remain the same.
This issues with the approval of the Competent Authority."
8 OA No. 546/2017with OA No. 567/2017
6. There are no Recruitment Rules(RRs) prescribed for appointments to these contractual posts of SRF & Ras. However, RRs are available for the sanctioned posts of Assistant Plant Protection Officer(APPO), Scientific Assistant who are supported by Technical Assistants and Fumigation Operators. These RRs were issued on 19.09.2012. The qualifications prescribed for an Assistant Plant Protection Officer (Entomology/Nematology) for direct recruits are M.Sc. Degree in Entomology or Nematology or M.Sc. Degree in Agriculture with specialization in Entomology or Nematology or M.Sc. Degree in Zoology with specialization in Entomology or Nematology from a recognized University or Institution. Promotees, however, need to possess at least B.Sc. Degree in Agriculture or B.Sc. With Zoology and exemption is available for promotees with B.Sc. with Botany. The qualifications prescribed for Assistant Plant Protection Officer(Pathology/Virology/Bacteriology) for direct recruits are M.Sc. Degree in Plant 9 OA No. 546/2017 with OA No. 567/2017 Pathology or M.Sc. Degree in Agriculture with specialization in Plant Pathology or M.Sc. Degree in Botany with specialization in Plant Pathology from a recognised University or Institution(Annexure A-8 unclear). Promotees need to have B.Sc. Degree in Agriculture or B.Sc. with Botany including B.Sc. in Zoology. Assistant Plant Protection Officer (Weed Science) need to have similar qualifications. Scientific Assistants need to have the qualification of B.Sc. with Botany or Zoology or B.Sc. in Agriculture from a recognised University.
7. The salary fixed for these categories are PB-II with GP of Rs. 4200/- for APPO and PB-I with GP of Rs. 2800/- for Scientific Assistant. For comparison under the Seventh Central Pay Commission, officials in PB-I with Rs. 2800/- will have the basic pay of Rs. 29,200/- + 24% of basic pay as HRA (X Cities) and an official with PB-II and GP of Rs. 4200/- will get basic of Rs. 35,400/- + 24% of basic as HRA. Apart from this, an official will get Dearness Allowance as 10 OA No. 546/2017 with OA No. 567/2017 applicable, Transport Allowance of Rs. 3600/- + DA (Higher TPTA Cities).
8. The applicants state that after the initial appointment for one year, they were continued on year to year basis until on 14.06.2017, they were informed that approval had not been received for continuation of their services and their services were dis- continued from 14.06.2017 to 13.08.2017 after which they were informed that they could resume service from 14.08.2017 and they continued in their erstwhile positions. Meanwhile, the respondents had issued a notification dt. 02.08.2017 for walk-in- interview to be conducted on 16.09.2017 for 36 posts of Research Associates (RAs) and 32 posts of Senior Research Fellows with the following qualifications and emoluments:
Requirement & Eligibility Criteria:
Sr. No. and Required Educational qualification No. Positions proposed to be possessed by the person for selection.
1 36-RAs Doctorate Degree in Entomology/Plant Pathology/Agronomy from a recognized University/Institution.
2 32-SRFs M.Sc. Degree in Entomology/Nematology/
Plant Pathology/Botany with
specialization in Plant
11 OA No. 546/2017
with OA No. 567/2017
Pathology/Botany with Weed Science as a subject from a recognized University/Institution. or M.Sc.
Degree in Agricultural with
specialization in Entomology/
Nematology/Plant Pathology/Agronomy
with specialization in weed science from a recognized University/ Institution.
Tenure: One year and the tenure is likely to be extended for more two years(on yearly basis) Desirable: Knowledge in computer applications, date organization/report writing/IT Management. Emoluments:
1 Research Associate(RA) Rs. 40,000/- per month + HRA as per applicable rates.
2 Senior Research Rs. 25,000/- per month + Fellow(SRF) HRA as per applicable rates for 1 st and 2nd year and Rs. 28,000/- + HRA as per applicable rates for the 3rd year.
9. As a result, the Applicants argue, the qualifications for RA had deleted the option for M.Sc. while the qualification for SRF had deleted undergraduate qualification.
Further, except for applicant No. A1 in OA No. 567/2017, who claims to have participated in the interview on 16.09.2017 for the post of SRF for which alone she was eligible, none 12 OA No. 546/2017 with OA No. 567/2017 of the others participated in the interview.
10. As against this, the previous qualifications as published in the Advt dt 31.12.2010 were as below:
"1) Research Associate(1-Post):
Consolidated salary of Rs. 24,000/- + HRA for Ph.D or Rs. 23,000/- + HRA for M.Sc. Degree (with two years research experience) in Organic Chemistry/Analytical Chemistry/Agricultural Chemical/Entomology having the basic and practical knowledge of GC, HPLC, GC-MS and exposure to pesticide residue analysis. Upper Age Limit: 40 years for Man & 45 years for women.
2) Research Associate(3 posts):
Consolidated salary of Rs.24,000/- + 30% HRA for Ph.D & Rs. 23,000/-
+ 30% HRA for M.Sc.
Qualifications. Ph.D or M.Sc. In the area of specialization i.e. Plant Pathology, Entomology & Weed Science/Agronomy.
3) Sr. Research Fellow(10 posts):
Consolidated salary of Rs.
12,000/- plus 30% HRA. Must be
graduate in Agriculture with two years experience. Preference will be given for Post Graduates in Entomology/Pathology/Weed Science."
11. Reference to the advt of 30.7.2013 for walk-in interview states following requirements:
13 OA No. 546/2017with OA No. 567/2017
S.No Manpower Number Qualifications Emoluments per . of month Posts 1 Research Two Doctorate degree in Rs. 24,000/- + Associate Agricultural 30% HRA Entomology/Plant Pathology/Agronomy OR Master Degree in Rs.23,000/- + Agricultural 30% HRA Entomology/Plant Pathology/Agronomy with two years' experience in research work.
2 Senior Three Master degree in Rs. 16,000/- + Research Agricultural 30% HRA.
Fellow Entomology/Plant Pathology/Agronomy.
12. Reference to the advt of 31.7.2014 for walk-in interview states following requirements:
"1. Position: Research Associates:08 Nos.
Emoluments: Rs. 24,000/- pm for Ph.D and Rs. 23,000/- pm for Master's Degree + 30% HRA. Qualifications: Doctorate/Master's Degree with 1st Division or 60% marks with two years of research experience in Entomology/Nematology/Plant Pathology/Agronomy(with weed science) with working knowledge of computer.
2. Position: Senior Research Fellows(SRF): 05 Nos.
Emoluments: Rs. 16,000/- per month + 30% HRA.
Qualifications: Master's Degree in Entomology/Nematology/Plant Pathology/Agronomy(with weed science) with working knowledge of computer."14 OA No. 546/2017 with OA No. 567/2017
13. The applicants urge that they have been working for six years except applicant No.4 who had been working for three years and they are being sought to be replaced by another set of contract appointees which they submit is against the law settled by the Hon'ble Apex Court and is extremely unfair to them. They state that the candidates who would be selected would be discharging the same duties which the applicants have been discharging over the last several years. Further, they state that post of Research Associates and Senior Research Fellows are being operated against the regular posts of Assistant Plant Protection Officer and Scientific Assistant. They refer, in their rejoinder, to a letter No. F.No. 2(15)/2015- Adm. dt. 07.03.2017 from the Joint Director (PP) at Mumbai to the Head Office at Faridabad, conveying the acute shortage of Technical Assistants and that against the 18 posts of Assistant Plant Protection Officer that are vacant, and also the 11 posts of Scientific Assistant and 8 posts of Technical 15 OA No. 546/2017 with OA No. 567/2017 Assistant that are vacant, they may be permitted to hire 18 Research Associates and 18 Senior Research Fellows from 2017-2018. The applicants refer to the qualifications prescribed in the Recruitment Rules for these posts of APPO/SA/TA where there is no requirement of Ph.D for an APPO or M.Sc for Scientific/Technical Assistant. Therefore, they question the need for enhancing the qualifications for the temporary contractual posts now advertised.
14. The respondents have argued that the National Plant Protection Organisation (NPPO) has to fulfil phytosanitary requirements of importing countries to ensure that plant products exported from India are free from pests and these requirements are regularly discussed and modified with increasing stringent requirements. They state that initially the requirement for RA was only M.Sc. and for SRF was B.Sc. in Agriculture but this has now been enhanced to Ph.D. and M.Sc. for these posts and emoluments had also been increased from 2014. Further, prior to 16 OA No. 546/2017 with OA No. 567/2017 2014, there were only three Research Associates and ten Senior Research Fellows whereas now the number of RAs has been increased to 10 while SRF remain at 10. They state that applicants have been engaged from time to time on temporary extensions and they must meet the minimum required qualifications to compete in the open interview. They also state that their past performance would be considered for the purpose of the interview along with their qualifications acquired by the time of the interview. They emphasize that the replacements proposed are not on a one-to-one basis but candidates who do not possess the requisite qualifications are proposed to be replaced with persons who possess the higher and requisite qualifications. Therefore, the applicants who possess M.Sc. and who are now not eligible for RA can still become SRF while applicant Nos. 5 & 6 in OA No. 546/2017 do not meet even the minimum qualification(for SRF) and cannot be continued in the job. They also confirm that at Para 3 in their 17 OA No. 546/2017 with OA No. 567/2017 reply that applicant Nos. 1, 2, 3 & 4 in OA No. 546/2017 had shown satisfactory performance for the post of SRF but deny that the applicant in OA NO. 567/2017 appeared for the interview, despite her affidavit, although this is a matter of verifiable fact. The respondents claim that the requirements of quarantine and inspection at the time when the applicants came to be appointed are markedly different from the present situation and hence, the qualifications have also altered. The applicants cannot seek to reduce the qualifications for their own purposes. They state that they had already advised all the Research Associates and SRFs in their OM No. nil dt. 10.08.2017 that those interested in the new advertisement could avail of the opportunity of the walk-in-interview and continue their services after 30.09.2017 but none of the applicants appeared in the interview.
15. In their rejoinder, part of which has been included for convenience of understanding in the previous para on 18 OA No. 546/2017 with OA No. 567/2017 submissions of applicants, the applicants deny that the Standard Operating Procedure for plant protection has altered. They state that the SOP was formulated in 2013 and the duties and responsibilities had not become more onerous and therefore, there was no need to revise the qualifications. The applicants claim that the respondents have adopted the designations of RA & SRF from the ICAR and that this is also reflected in the file notings of the respondents in File No. 20- 22/2010-PP.II dt. 29.06.2017 for approval of recruitment of RA & SRF during 2017-18. These ICAR norms are as per the OMs dt. 01.07.2015 & 13.07.2015 discussed supra which the applicants claim allows for Doctorates and M.Sc degree holders to become Research Associates and Graduate degree and Master's degree holders to become SRFs. They refer to the current Standard Operating Procedure for export inspection etc. applicable for exports to European Union Countries which only prescribes a minimum qualification of Graduate in Agriculture/Science with five 19 OA No. 546/2017 with OA No. 567/2017 years experience or Post Graduate with two years experience. It does not prescribe a Doctoral degree for RA or M.Sc degree for SRF. They also state that they have now acquired necessary experience in consonance with the SOP. Further, considering that their posts are being operated against the vacancies of APPO and Scientific/Technical Assistant, requiring lower qualifications, there is no need for them to possess higher qualifications including for applicant Nos. 4,5,&6 in OA No.546/2017 to hold an M.Sc. Degree.
16. During the hearing, learned counsel for applicants urges reference to the decisions of the Hon'ble Apex Court in State of Haryana & Ors. Vs. Piara Singh & Ors. [(1992) 4 SCC 118] in C.A No. 2979 of 1992 with Ors. decided on 12.08.1992 and in Hargur Pratap Singh Vs. State of Punjab & Ors. [(2007) 13 SCC 292] in C.A No. 8745 of 2003 with Ors. decided on 07.11.2003, decision of the Hon'ble High Court of Delhi in Anil Lamba & Ors. Vs. Govt. NCT & Ors.[(2017) 238 DLT 20 OA No. 546/2017 with OA No. 567/2017 760] in W.P.(C) No. 1958/2017 decided on 06.03.2017, decision of the Hon'ble High Court of Punjab & Haryana in Anita Vs. State of Haryana & Ors.(2016 SCC Online P&H 6614) in CWP NO. 14136 of 2016(O&M) decided on 02.08.2016, decisions of the Principal Bench of this Tribunal in Dinesh Kumar Gautam Vs. Union of India & Ors. in OA No. 1405/2011 decided on 21.11.2011 and in Milan Singh Rohilla Vs. Union of India in OA No. 1274/2011 decided on 04.07.2011.
17. We have heard the learned counsel for the applicant and learned counsel for the respondents and carefully considered the facts and circumstances, law points and rival contentions in this case.
18. It is settled law that contractual appointees cannot be replaced by other contractual appointees especially when the prior contractual employee was still being continued in employment from year to year without any break in service and there was no particular shortcoming in the services that he was providing and unless the regular 21 OA No. 546/2017 with OA No. 567/2017 recruitments had been done to bring in regular recruits in place of contract employees. However, the present case needs to be distinguished on the aspect that qualifications for the post for the contractual appointees have been altered. The Respondents have dwelt on the changing needs for plant materials inspection and quarantine and the increasing responsibility of the inspecting officers at the clearing stations. The qualifications have altered in consequence and the existing contractual appointees will need to abide by those requirements for which specifications have been laid out in the advertisement. In view of these aspects and other aspects, especially the consistent approach noticed in the actions of Respondents over the years from 2011 onwards, we do not consider that these rulings apply to the present instance.
19. The applicants have clearly read the qualifications prescribed by the ICAR for the posts of Research Associates and Senior Research Fellows incorrectly. The post of 22 OA No. 546/2017 with OA No. 567/2017 Research Associate requires the following qualifications:
"Research Associates(RAs):
With Doctoral Degree: Ph.D in the relevant subject. OR With Master's Degree: Master's Degree in the relevant subject with 4 years/5 years of Bachelor's Degree having 1 st division or 60% marks or equivalent overall grade point average, with at least two years of research experience as evidenced from Fellowship/Associateship/Training/o ther engagements as circulated vide F.No. 2-9/2012-HRD dt. 25.04.2014.
Other terms and conditions enunciated in guidelines for SRF and RAs working in ICAR funded scheme shall remain the same.
This issues with the approval of the Competent Authority."
20. The reference to four years/five years of Bachelor's Degree necessarily implies a professional course of a Bachelor in Agricultural Science or Veterinary Science or Technology and not a B.Sc which is completed in three years. Therefore, a person who has a Master's Degree with such a Bachelor's Degree would have put in a minimum of six to seven years of study before acquiring experience as required for an RA. 23 OA No. 546/2017 with OA No. 567/2017 Alternately, a Bachelor degree holder in Agriculture etc should have two years research experience which is the period required for acquiring an M.Sc. In the case of SRF, the qualifications required are are reproduced below:
"Senior Research Fellows:
Master's Degree in the relevant subject with 4 years/5 years of Bachelor's degree. Candidates having post graduate degree in Basic Sciences with 3 years Bachelor's degree and 2 years Master's degree should have NET qualification as mentioned in the OM SR/S9/Z-09/2012 of DST dt.
21.10.2014(copy attached).
Other terms and conditions enunciated in guidelines for SRF and RAs working in ICAR funded scheme shall remain the same.
This issues with the approval of the Competent Authority."
21. The first requirement of a Master's Degree with 4/5 years of Bachelor's Degree differs from the interpretation of applicants. The second sentence refers to candidates with Post Graduate Degree in Basic Sciences which is a B.Sc. having a three year Bachelor's Degree and a two years Master's Degree and adds the NET qualification as 24 OA No. 546/2017 with OA No. 567/2017 required by the HRD Department in their OM dt. 21.10.2014. Therefore, it is self evident that the applicants have misconstrued the qualifications prescribed. Comparing these requirements with the requirements specified by the respondents in their notification for walk-in-interview, it appears that they have deleted the eligibility of Master's Degree for the Research Associate and have retained to a large extent, the eligibility for SRFs. Respondents would argue that they have set the specifications based on their evolving requirements in the area of the plant inspection and quarantine and this lies specifically within their administrative and technical domain into which this Tribunal cannot enter unless it is proven to be arbitrary. It is also apparent from a direct comparison of the advertisements for 2011, 2013 and 2014, that these changes had been brought about as early as 30.7.2013. At this time, the previous requirement of a graduate degree in Agriculture (four years) with two years experience and preference for 25 OA No. 546/2017 with OA No. 567/2017 postgraduates had been modified by dropping the eligibility of Graduates and modifying the previous 'Preference' to a compulsory postgraduate in entomology, pathology or agronomy from the previous entomology, pathology or weed science. The requirements for Research Associate had also altered by adding a two year research requirement for an M.Sc. holder and also by dropping the need for Weed Science. By the time the advertisement was issued for 31.7.2014, the obvious blunder in dropping weed science and by not including Nematology was corrected. The Applicants never objected to these changes which were potentially applicable to them except perhaps that they were being continued in their temporary positions from time to time. The impugned advertisement of 2017, as a matter of fact, has widened the scope of Applicants by including holders of M.Sc. in Entomology, Nematology, Plant Pathology, and even Botany but with specialization I Plant Pathology or Botany with weed science.
26 OA No. 546/2017with OA No. 567/2017
22. What this progression in prescription of qualifications suggests is that the Respondents have been fine-tuning the qualifications for the job done by Research Associates and Senior Research Fellows over the years from 2011 to 2017. A perusal of the seniority list of SRF annexed by Applicants as Annexure A-10 shows that except for nine, all the promotees were promoted in large groups between April 2010 to October 2011 with two exceptions promoted in December 2011 and April 2012. These persons hold qualifications from mostly Matriculation to B.Sc. and had been working for more than twenty years. The later 64 direct recruits are mostly Master's degree holders and a few(14) are Bachelor's degree holders in Agriculture, etc and only one is a B.Sc. in Zoology. Therefore, it cannot be said that the recruitment of new candidates from 2012- 2015, the last recruitment as per this list, has not followed their advertised requirement for SRF which, by the arguments of Applicants themselves, is the relevant post for 27 OA No. 546/2017 with OA No. 567/2017 comparison. Therefore, when the Respondents are finding a surfeit of postgraduates in agriculture, etc for the post of Scientific Assistant, it would be consistent policy to adopt the same for the SRF and enable a smooth transition for the SRFs working on contract basis to apply and join as Scientific Assistant or in higher posts, by which time, their experience would also be on record with the Respondents. However, another aspect invites consideration. The post of Scientist Grade 10 in the Group-I Agriculture Service of the ICAR for which recruitment is made by the ASRB and is its premier service require a Master's degree in Agriculture, etc., with advancements linked to acquiring further qualifications and quality of work done while in service. These recruits draw salary at entry of PB-III which is more than Rs 50,000 plus allowances and totals about Rs 90,000. There is a sharp distinction between this requirement and emoluments and the prescription by ICAR itself and also the Respondents for the posts 28 OA No. 546/2017 with OA No. 567/2017 of RA and SRF. Further, a Scientific Assistant post to which Respondents are successfully appointing postgraduates, is placed in PB-I with GP of Rs 2800 which is equivalent to a UDC and now draws about Rs 35,000. These are evident anomalies that might commend themselves to the attention of Respondents and the ICAR itself but are hardly issues that could be adjudicated by this Tribunal as these clearly fall within the administrative domain of the Respondents. This Tribunal cannot also intervene in equity which is an undercurrent in the nature of the reliefs sought by the Applicants and this Tribunal has no such powers.
23. The applicants have argued that the posts for APPO and Scientific/Technical Assistant have vastly lower qualifications and further, that they have been successfully working in the same post for the last six years and giving satisfactory performance. However, it is also apparent from the letter of the Joint Director that they have cited that all these posts have been kept vacant 29 OA No. 546/2017 with OA No. 567/2017 and the exact reasons for keeping them vacant and the possibility that the erstwhile Recruitment Rules of 2012 will be modified in due course after the changes effected in 2011 itself to increase the qualifications for these posts, cannot be ruled out. While this is indeed a hypothetical position, the contrary position of the applicants that the qualifications cannot be altered at all by comparison with qualifications of posts that are not being filled up is also not justifiable in any manner. The subsequent recruitment of Scientific Assistants shows that the Respondents are getting such qualified persons and Applicants cannot deny such higher qualified persons, who have put in more academic efforts, the opportunity of public employment. As respondents emphasize, the Plant Protection Systems across the world are being continuously reviewed and enhanced to ensure that pests are not allowed entry into foreign ecosystems and further to ensure the phytosanitary conditions of export products. AS we have noted, the 30 OA No. 546/2017 with OA No. 567/2017 qualifications have also been fine-tuned by Respondents in terms of subjects of interest and they have even departed from a focus on Agriculture mentioned in the 2011 advertisement to include Botany, etc by 2017. These aspects of qualifications and needs of the job of inspections and quarantine are serious issues and cannot be lightly entered into by this Tribunal on the grounds that the applicants have been employed for varied periods of time. In case the applicants had sincerely wished to specialize in these areas, it should have been quite possible for them to improve their qualifications as some have done by acquiring a Master's Degree or taking up Doctoral studies that could be completed with the help of the vast experience that they were gaining at their posted stations. As a matter of fact, from their pleadings and submissions, there is also no evidence that they had, even at the time of recruitment in 2011, held a Bachelor's or Master's degree in Agriculture but that is a matter for the vigilance 31 OA No. 546/2017 with OA No. 567/2017 division of Respondents to examine and take appropriate action.
24. The applicants have sought a mandamus to the respondents to grant weightage to their experience when they participate in the selection process. Although this may be in order, this cannot amount to reduced eligibility levels and may only enable respondents to consider the experience of the applicants at their existing posts to meet the experience requirements that they have specified. In any case, the respondents have expressed their consent to consider the satisfactory service of the applicants in case they appear for the interview. In the present case, subject to verification of the case of the applicant in OA No. 567/2017, none of the applicants appear to have participated in the interview. Therefore, it is not possible to extent any relief to them and the question of weightage also does not arise although their experience would come in handy in case they participate in further selections conducted by the respondents. 32 OA No. 546/2017 with OA No. 567/2017
25. In the circumstances, these OAs are dismissed as lacking merits. The interim orders granted by this Tribunal by way of a status-quo of their contractual appointments on 15.09.2017 in OA No. 546/2017 and on 22.09.2017 in OA No. 567/2017 are withdrawn. There shall be no order as to costs.
26. Further, as observed in para 23 above, the Respondent No.1 is directed to examine the initial recruitment and later promotion of the applicants in terms of their own advertisements and to satisfy themselves that these were in order when they were done by the concerned authorities.
(Smt. Ravinder Kaur) (R. Vijaykumar)
Member(J) Member(A)
Ram.