Central Administrative Tribunal - Delhi
Dr Ashok Kumar vs M/O Environment And Forests on 7 August, 2018
Central Administrative Tribunal
Principal Bench
OA No.1873/2013
New Delhi, this the 7th day of August, 2018
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Ms. Aradhana Johri, Member (A)
1. Dr. Ashok Kumar, Scientist E
s/o Shri Sukhbir Singh Chauhan,
57, Takle Road, Dehradun-248006,
Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India, New Delhi.
At Dehradun 248006, Uttarakhand.
2. Dr. H.B. Vasistha, Scientist E,
s/o late Shri R.P. Vasistha,
56, Takle Road, Forest Research Institute,
Dehradun-248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
3. Dr. Y.M. Dubey, Scientist
s/o Late Shri B.P. Dubey,
R/o Type V/65, Canning Road,
FRI, Dehradun.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
4. Shri Ajmal Samani, Scientist D,
s/o Dr. Sh. M. Hasan,
R/o 91-Canning Road,
Forest Research Institute, Dehradun.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
5. Dr. Rakesh Kumar, Scientist D,
s/o Shri Sharad Prasad Singh,
Bungalow No.40, Trevor Road,
PO, New Forest,
Forest Research Institute,
Dehradun-248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
2
6. Sh. Sudhir Kumar, Scientist C,
s/o Shri Narain Singh,
63 Canning Road,
FRI Campus, P.O. New Forest,
Dehradun 248 006, Uttarakhand
Posted at the Headquarters of ICFRE
Government of India,New Delhi
at Dehradun 248006, Uttarakhand.
7. Dr. S.P. Singh, Scientist C,
S/o late Shri Shyam Lal, 35,
Trevor Road, FRI Campus,
PO New Forest, Dehradun 248006,
Dehradun.
Posted at the Forest Research Institute,
ICFRE, Govt. of India, New Delhi
at Dehradun 248006, Uttarakhand.
8. Shri D.P. Khali, Scientist E,
s/o late Shri M.R. Khali,
r/o 74-Laurie Road,
R.P. Vasistha, FRI, Dehradun
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
9. Shri Sudhir Kumar, Scientist F,
s/o Shri Sagar Singh,
R/o 78-Arya Nagar, Block-11,
Dehradun-248001
Posted at the Headquarters of ICFRE
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
10. Dr. Santan Barthwal, Scientist D,
s/o Dr. R.R. Barthwal, V/70 Canning Road,
Forest Research Institute,
Dehradun-248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
11. Dr. Ajay Thakur, Scientist D,
s/o Shri Purendra Thakur,
R/o 89, Canning Road, FR, Dehradun.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
3
12. Dr. Rashmi, Scientist C,
w/o Dr. Shailendra Kumar,
H.No.67, Canning Road,
FRI Campus, PO New Forest,
Dehradun-248006, Uttarkhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
13. Shri Raman Nautiyal, Scientist E,
s/o Shri Ramesh Chandra Nautiyal,
The Roots, Kaulagarh Canal Road,
Kaulagarh, Dehradun 248 195, Uttarakhand
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
14. Dr. H.S. Ginwal, Scientist F,
s/o Shri Chandan Singh Ginwal,
R/o Bungalow No.47, Takle Road,
FRI Campus, PO New Forest Dehradun,
Dehradun-248006.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
15. Dr. Parveen, Scientist C,
d/o Mohd. Yusuf Anwar,
R/o 68-Canning Road, FRI Campus,
Dehradun-248195
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
16. Dr. P.S. Rawat, Scientist D,
s/o Shri G.S. Rawat, Type V/72,
Canning Road, PO New Forest,
Forest Research Institute,
Dehradun 248 006.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
17. Dr. Ombir Singh, Scientist D,
s/o Shri Jitpal Singh, 298,
Prem Pur Mafi, Kaulagarh,
P.O.I.P.E., Dehradun-248195
Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
4
18. Dr. Pramod Kumar Pande, Scientist E,
s/o Shri Gusain Datt Pande,
120, Panditwari-II, P.O. Prem Nagar,
Dehradun-248007, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
19. Dr. Amit Pandey, Scientist F,
s/o late Dr. Sh. Kamleshwar Pandey,
R/o C-507, Pacific Estate, Near Anurag Crossing,
Balliwala Road, Dehradun
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
20. Dr. N.K. Upreti, Scientist F,
s/o Shri G.D. Upreti,
R/o Flat No.B-108, Garden View Apartment,
Panditwari, Dehradun-248007
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
21. Shri Shri Rajesh Bhandari, Scientist E,
s/o Shri Dan Singh Bhandari,
43, Garhi Cantt, Dehradun-248006
Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
22. Dr. Charan Singh, Scientist C,
s/o Shri Data Ram,
R/o 53-Takle Road, FRI Campus,
PO New Forest, Dehradun
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
23. Dr. V.S. Kishan Kumar, Scientist F,
s/o late Shri KK. Sankara Narayanan Nair,
r/o 64-Canning Road, New Forest PO,
FRI Dehradun.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
5
24. Dr. Sadhna Tripathi, Scientist F,
s/o Shri Ashutosh Kumar Tripathi,
R/o 5-Canning Road, Forest Research Institute,
Dehradun.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
25. Dr. Pramod Kumar, Scientist C,
s/o Shri Jayanti Prasad,
R/o A-9, Lauri Road, FRI Campus,
Dehradun-248006.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
26. Dr. M.K. Gupta, Scientist E,
s/o late Shri D.S. Gupta,
Vimal Kutur (Near Temple), Prem Pur,
Kaulagarh, Dehradun 248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
27. Dr. Satya Prasad Chaukiyal, Scientist D,
s/o late Shri N.R. Chaukiyal,
Bungalow No.V/49, Takle Road,
PO New Forest, Forest Research Institute,
Dehradun-248006, Uttarakhand.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,Uttarakhand.
28. Dr. B.M. Dimri, Scientist C,
s/o Shri J.M. Dimri,
129, Engineers Enclave, Phase-3,
Seemadwar, Dehradun, Uttarakhand-248146
Posted at the Headquarters of ICFRE
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
29. Dr. Om Kumar, Scientist C,
s/o Shri Sahadev Singh,
R/o 13, Megh Enclave, GMS Road, Dehradun
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
6
30. Dr. Anil Negi, Scientist C,
s/o Dr. Shri G.S. Negi,
393, Indra Nagar Colony, Phase-1,
Dehradun-298006, Uttarakhand
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
31. Dr. Manisha Thapliyal, Scientist E,
w/o Lt. Col. Mayank Pasbola,
Madhur Vihar Lane No.2, PO Banjarawala,
Dehradun - 248 127
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
32. Dr. A.N. Singh, Scientist E,
s/o late Shri R.N. Singh, 66, Canning Road,
FRI Campus, Dehradun.
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
33. Dr. Vishvjit Kumar, Scientist C,
Assistant Director (EM),
S/o Shri R.D. Dhiman, Type IV/7,
Lauri Road, FRI Campus,
PO New Forest, Dehradun 248006, Uttarakhand
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
34. Shri Alok Yadav, Scientist D,
s/o Shri R.K. Yadav, Type IV/6,
Lauri Road, FRI Campus,
PO New Forest, Dehradun248006, Uttarakhand
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
35. Shri Jatender Singh, Scientist D,
s/o Shri J.P. Singh, Type V/100,
Forest Research Institute,
Dehradun 248006 Uttarakhand
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
7
36. Dr. Anup Chandra, Scientist D,
s/o Shri Rajendra Prasad, 71, Canning Road,
Forest Research Institute,
Dehradun-248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
37. Dr. K.P. Singh, Scientist C,
s/o Shri Dhoom Singh, 33, Trevor Road,
New Forest, Forest Research Institute,
Dehradun 248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
38. Shri H.P. Singh, Scientist D,
s/o Shri S.R. Singh,
R/o 48, Takle Road, FRI, PO New Forest,
Dehradun-248006.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
39. Dr. S.K. Sharma, Scientist C,
s/o Shri J.P. Sharma, A-4, Laurie Road,
Forest Research Institute Estate,
PO New Forest, Dehradun-248006,
Uttarakhand.
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
40. Dr. B.P. Tamta, Scientist D,
s/o Shri G.D. Tamta,
R/o Takle Road, 59, FRI Campus, Dehradun
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
41. Dr. Sangeeta Gupta, Scientist F,
w/o late Shri A.K. Gupta,
111, Indra Nagar Colony, Dehradun-248006.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
8
42. Dr. Neena Chauhan, Scientist E,
w/o Dr. Sh. J.S. Rawat, R/o 41, Trevor Road,
FRI Campus, Dehradun
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
43. Dr. Meena Bakshi, Scientist D,
W/o Shri Sanjay Bakshi,
R/o 25-B, Circular Road,Dehradun-248001.
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
44. Dr. VRS Rawat, Scientist E,
s/o Shri B.S. Rawat, 32, Trevor Road,
PO New Forest, Forest Research Institute,
Dehradun 248006, Uttarakhand
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
45. Dr. Mridula Negi, Scientist C,
w/o Shri M.S. Negi, 6/1, Teg Bahadur Road,
Lane IV, Dehradun-248001, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006, Uttarakhand.
46. Dr. V.Jeeva, Scientist E,
w/o Shri Sudhir Kumar,
R/o 78, Arya Nagar, Block-11,
Dehradun-248001
Posted at the Headquarters of ICFRE,
Government of India, New Delhi
at Dehradun 248006,
Uttarakhand.
47. Dr. Laxmi Rawat, Scientist F,
w/o Shri VRS Rawat, 32, Trevor Road,
PO New Forest, Forest Research Institute,
Dehradun 248006, Uttarakhand
Posted at the Forest Research Institute,
I.C.F.R.E, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand.
9
48. Dr. Anita Tomar, Scientist C,
w/o Shri Praveen Singh Chauhan,
B-2, Type IV, Police Lane,
Allahbad 211 002 Uttar Pradesh
Posted at the Centre for Social Forestry
and Eco-Rehabilitation, Allahabad,
ICFRE, Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
49. Dr. Bhupendra Kumar Pandey, Scientist D,
s/o Shri Dhoop Narayan Pandey,
506/11, MIG, Mumfordgunj, Allahabd,
Uttar Pradesh
Posted at the Centre for Social Forestry
and Eco-Rehabilitation, Allahabad,
ICFRE, Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
50. Dr. Kumud Dubey, Scientist D,
W/o Shri K.P. Dubey,
R/o 8A/2B, Tapovan Vhar Colony,
Ponappa Road, Allahabad.
Posted at the Centre for Social Forestry
and Eco-Rehabilitation, Allahabad,
ICFRE, Government of India, New Delhi
at Dehradun 248006, Uttarakhand.
51 Dr. Paramjit Singh, Scientist F,
s/o Shri S. Gurnam Singh,
R/o Director & CPLO,
Van Vigyan Bhawan, RK Puram,
Sector-5, New Delhi - 110 022
Posted at the Vana Vigyan Bhawan,
R.K. Puram, ICFRE, Government of India,
New Delhi at Dehradun 248006,
Uttarakhand. ...Applicants
(By Advocate: Sh. R.K. Kapoor with Mr. Khayali)
Versus
1. Union of India through
Secretary,
Ministry of Enviornment & Forests,
Paryavaran Bhawan,
CGO Complex, Lodhi Road,
New Delhi - 110 001.
10
2. Indian Council of Forestry Research & Eduction
Through Director of General,
Post Office-New Forest,
Dehradun-248006.
3. The Secretary,
Ministry of Personnel, Public Grievances &
Pensioner's Welfare,
Department of Personnel & Training,
North Block, New Delhi. ...Respondents
(By Advocate: Sh. Rajeev Kumar for R-1 & R--3
Sh. Sanjay Katyal for R-2)
ORDER (Oral)
Justice L. Narasimha Reddy, Chairman:
The applicants are the Scientists of various categories in Indian Council of Forestry Research and Education [ICFRE). On the basis of the recommendations of Sixth Pay Commission, the Government introduced a Scheme that is known as 'Flexible Complementing Scheme' (FCS) with a view to avoid stagnation in the career of the Scientists. This OA is filed complaining that though the applicants became eligible for the benefit of FCS, yet they have not been extended the same. Consequential relief in the form of direction to extend the benefit of FCS is also prayed for. Reliance is placed on certain judgments of Supreme Court and Delhi High Court.
2. The applicants contend that once the benefit of FCS is to be conferred on the basis of length of service in the relevant category, it virtually becomes a matter of course, and by citing the ground of delay in convening of DPC, the benefit was denied to them for a considerable length of time.
11
3. The respondents filed a counter affidavit. It is stated that extension of the benefit of FCS is not automatic, and is subject to evaluation of scientific knowledge of the concerned Scientists. It is also stated that the applicants have not only been granted the benefit of FCS but also the notional promotions.
4. Heard the learned counsel for the parties.
5. The OA was filed claiming the relief of extension of benefit of FCS. However, during the pendency of OA itself, not only the benefit of FCS was extended to the applicants but also notional promotion was extended. Thus, substantial relief has been granted to the applicants by the respondents themselves. The only aspect that remains to be considered is whether the applicants are entitled to the arrears for the period referable to the notional promotion.
6. It is no doubt true that in certain judgements, Delhi High Court as well as the Tribunal granted relief of arrears of salary for the period covered under notional promotion. However, in the recent past, the Government approached the Hon'ble Supreme Court by filing Civil Appeal No.6359/2016 against the judgment of the High Court of Delhi dated 08.07.2016, which directed payment of arrears. The Hon'ble Supreme Court granted stay of the judgment of the High Court. Therefore, as the things stand now, the applicants cannot claim the relief of arrears of salary for the period in question.
12
7. We, therefore, dispose of the OA leaving it open to the applicants to work out their remedies, depending upon the outcome of the Civil Appeal No.6359/2016, including the one of filing of MA in this very OA itself.
(Aradhana Johri) (Justice L.Narasimha Reddy) Member(A) Chairman /Ahuja/