Central Administrative Tribunal - Chandigarh
Dr Meena Malik vs Indian Council Of Agricultural ... on 23 October, 2023
1 (OA No. 060/637/2021)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Reserved on: 08.08.2023
Pronounced on:23.10.2023
OA No. 060/637/2021
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Dr. Meena Malik wife of Dr. R.K. Malik, age about 60 years,
presently working as Professor in English, National Dairy
Research Institute, Karnal-132001.
.........Applicant
(By Advocate : Sh. D.R. Sharma)
VERSUS
1. Indian Council of Agricultural Research, Krishi Bhawan, Dr.
Rajendra Prasad Road, New Delhi-110001 through its
Secretary.
2. The Director General, Indian Council of Agricultural
Research, Krishi Bhawan, Dr. Rajendra Prasad Road, New
Delhi-110001.
3. The Governing Body, Indian Council of Agricultural Research,
Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi-
110001.
4. The Director, National Dairy Research Institute (Deemed
University), Karnal-132001.
5. The Secretary, Ministry of Human Resource Development,
Shastri Bhawan, New Delhi-110001.
.........Respondents
(BY Advocate: Sh. R.K. Sharma for respdts. No. 1 to
4
Sh. Sanjay Goyal, Sr. CGSC for
respdt. No. 5)
2 (OA No. 060/637/2021)
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. This Original Application has been filed under Section 19 of the A.T. Act, 1985 against the letter No. F.No. 37(3) 2012-Per. IV dated 17.08.2020 (Annexure A-
1) vide which the request of the applicant for restoring the age of retirement at the age of 62 years has been rejected and the applicant is sought to be retired at the age of 60 years and against the order dated 13.11.2019 (Annexure A-2) vide which it has been clarified that the age of retirement of the applicant is 60 years. Pursuant to this order, the applicant was issued office letter dated 27.12.2019 (Annexure A-3) regarding her retirement date as 31.08.2021 on attaining the age of 60 years.
2. By filing this Original Application, the applicant has sought the following relief(s):-
"8 (ii)That Annexure A-1 dated 17.08.2020, Annexure A-2 dated 13.11.2019 and Annexure A-3 dated 27.12.2019 be quashed and set aside and her age of retirement i.e. 62 years already determined be accordingly restored.
iii) It be declared that the applicant who has been equated/treated at par with Scientist, Senior Scientist and Principal Scientist shall retire at the age of 62 years or in the alternative the applicant be also extended the benefit of judgment dated 01.03.2021 3 (OA No. 060/637/2021) passed by the Hon'ble Punjab and Haryana High Court retiring the applicant at the age of 65 years with all consequential benefits."
3. The factual matrix of the case at hand is that the respondent No. 4 issued advertisement for various category of posts including that of Senior Lecturer in English. The applicant was appointed as Assistant Professor in English (Auxiliary Category) (earlier known as Senior Lecturer) and joined on 20.04.1993. The applicant while in service acquired M.Phil Qualification in the year 1998-99 and Ph.D in the year 2005 from the Kurukshetra University, Kurukshetra. The NDRI is a Deemed University under the Ministry of Agriculture and is conferring Post Graduate Degrees including Doctoral Degrees and Under Graduate Degrees in the Science subjects. There are four types of category of staff working in the NDRI called Scientists, Technical, Auxiliary and Ministerial. In 1996, category of Auxiliary was abolished in ICAR. The applicant was wrongly classified in Technical and matter was taken up by the ICAR.
4. Vide letter dated 24.08.2011 (Annexure A-8), the competent authority issued the approval for grant of 4 (OA No. 060/637/2021) UGC pay scale to the applicant and also that she would be governed by UGC Norms as applicable to the Scientific faculty. Vide letter dated 09.05.2012 (Annexure A-9), the applicant was assessed for the next higher post of Associate Professor and thereafter as Professor which post was equivalent to Senior Scientist and Principal Scientist. The applicant was also granted increments w.e.f. 08.07.2005 on acquiring Ph.D. Decree and his pay was accordingly fixed.
5. Vide letter dated 20.10.2014 (Annexure A-11), the applicant was asked to fill assessment forms on the basis of Score Card fixed by the UGC for teaching faculty instead of Scientists Score Card fixed by ASRB. The applicant accordingly filled up her Assessment Form on the basis of UGC Norms and she was assessed by the Selection Committee as per the UGC Guidelines for the post of Professor (Principal Scientist). Respondent No. 1 promoted the applicant to the post of Professor in English as per UGC Regulations, 2010 after approval by President, ICAR Society in the Grade Pay of Rs. 37400-6700 + RGP Rs. 10000/- w.e.f. 08.07.2011. The name of 5 (OA No. 060/637/2021) the applicant was shown in the Scientist Cadre as on 31.03.2018 in the Scientist faculty category at sr. No. 1 in the discipline of Flexi in the QRT Report of ICAR-NDRI (Annexure A-13).
6. It is further averred in the OA that the ICAR adopted the revision of pay scale in respect of the Scientist in pursuance of the 6th CPC and notification dated 31.12.2008 issued by the respondent No. 5. As per the notification dated 31.12.2008 (Annexure A-15) issued by respondent No. 5, the age of superannuation of teaching faculty was increased to 65 years with five years further extension. As per this notification, after considering the recommendations made by the UGC, the Government of India decided to revise the pay scale of teachers on the basis of the Regulations framed by the UGC. As per the scheme of the UGC, the revised pay scales, service conditions and Career Advancement Scheme for teachers and equivalent position has been mentioned. The said notification was adopted by the ICAR vide letter dated 06.03.2009 and ICAR revised the pay scale of the Scientists working in ICAR and also the applicant at 6 (OA No. 060/637/2021) par with Assistant Professor (Scientist), Associate Professor (Senior Scientist) and Professor (Principal Scientist). It is in implementation of the above notification of Ministry of HRD and letter dated 06.03.2009 by respondent No. 1, the applicant was assessed for Career Advancement Scheme in the respective pay scale of Scientist, Senior Scientist, Principal Scientist (equivalent to Professor) in the pay band of Rs. 37400-67000 with Grade Pay of Rs. 10,000/-/.
7. The UGC also issued notification dated 28.06.2010 prescribing the age of retirement for teaching faculty as 65 years with further extension of five years. Treating the applicant being belonging to the Scientist, an entry regarding the age of retirement was made in the service book as 31.08.2023. For the reasons best known to the respondents, the respondent No. 4 was misguided by the lower subordinate staff and a clarification was sought regarding the age of the retirement of the applicant. The clarification was issued that the applicant shall be retired in pursuance of letters Annexures A-2 and A-3.
7 (OA No. 060/637/2021)
8. Feeling aggrieved, the applicant submitted a detailed representation on 17.01.2020 alongwith documents depicting her equivalence with Scientist category and that she should retire at the age of 62 years. The respondent No. 4 recommended and forwarded the representation for consideration and conveying the Council's decision. The claim of the applicant has been rejected vide Annexure A-1 dated 17.08.2020. The applicant filed several representations but to no avail.
9. The applicant submits that the issue with regard to the age of retirement of the teaching faculty has been considered by the Hon'ble Punjab and Haryana High Court in the Government Colleges governed by the UGC Norms where the teaching faculty was sought to retire at the age of 58/60 years has been held to be not valid and where the teaching faculty is governed by the UGC Norms, they are held entitled to retire at the age of 65 years with further extension of five years.
10. The ICAR, however, restricted the age of retirement of Scientist to 62 years on the plea that the Scientist mainly do research work and some of them are 8 (OA No. 060/637/2021) assigned teaching work in the deemed Universities only and, therefore, age of retirement was restricted to 62 years. As regards the teaching faculty, the decision of the Hon'ble High Court of Punjab and Haryana will also be applicable in the case of the applicant as she belongs to teaching faculty and is governed by the UGC norms and NDRI is a deemed University and Centrally Funded by the respondent No.1, Ministry of Agriculture.
11. The respondents No. 1 to 4 controverted the claim raised in the OA by filing a detailed written statement. The respondents, at the very outset, raised the preliminary objections. They submitted that the ICAR-NDRI, Deemed University is a Constituent Unit of Indian Council of Agricultural Research under Ministry of Agriculture and Farmers Welfare, Govt. of India which is a Registered Society under the Societies Registration Act, 1860. As per ICAR Bye-Laws 23 (c), it can be sued through Secretary. Moreover, the OA is time-barred and deserves to be dismissed on limitation as the cause of action, if any, arose in favour of the applicant on 24.08.2011 when she was granted only the UGC pay 9 (OA No. 060/637/2021) scales to remove her stagnation without changing her category which she is presently enjoying. Neither the said order has been challenged nor it can be challenged at this stage. Subsequent representations cannot revive the cause of action, particularly when the category of the applicant was never changed to Scientist/ARS.
12. It is further submitted that the order dated 17.08.2020 (Annexure A-1), 13.11.2019 (Annexure A-2) and 27.12.2019 (Annexure A-3) are perfectly legal. The ICAR vide its letter No. 37(3)/2012- Per.IV/34 dated 13.11.2019 (Annexure A-2) informed that Dr. (Mrs.) Meena Malik at ICAR-NDRI, Karnal had been granted UGC pay scale as a very special case on personal basis with the approval of the Governing Body. As, she was not included in ARS and hence, she would superannuate from Council's service on attaining age of 60 years which is applicable to all other categories of Council employees. ICAR vide its letter No. 37031/2012-Per. IV dated 17th August, 2020 (Annexure-A-1) has again clarified that applicant had been granted UGC pay scale as a very special case on personal basis 10 (OA No. 060/637/2021) with the approval of the Governing Body. Governing Body while extending the UGC Pay Scale treated her post as Non Classified. As. she was not included in ARS, she would superannuate from Council's service on attaining the age of 60 years which is applicable to all other categories of Council employees. It is also pointed out that as per notice of retirement issued by AAO, IVRI vide No.F.18-1/19-E.1 dated 22.4.2019 (Annexure R-8), the other Assistant Professor in ICAR system Smt. Shashl Rani Saxena who was working at ICAR-Indian Veterinary Research Institute (IVRI), Izatnagar-243122 (UP) has also retired from Council services on attaining the age of superannuation in the afternoon of 30.4.2020. In response to the Council's letters dated 17.8.2020 and 13.11.2019, applicant was accordingly informed vide this Office Order No. F.6-61/2005-E-1(S)/553- 59 dated 27.12.2019 (Annexure A-3) that she would retire from the Council's service in the afternoon dated 31.8.2021 on attaining the age of superannuation 60 years.
13. The applicant has filed the rejoinder to the reply submitted by respondents No. 1 to 4 and reiterated 11 (OA No. 060/637/2021) his position as stipulated in the Original Application. It is further stated in the rejoinder that in pursuance of the approval granted vide letter dated 24.08.2011(Annexure A-8), the applicant was assessed under Career Advancement Scheme for next higher grade of Associate Professor/Scientist in the pay scale of Rs. 10000-15200 (pre-revised) w.e.f. 29.06.2001 that is after 5 years she was assessed like the Scientist on 5 years assessment basis as per UGC Scheme applicable to Scientists.
She was further assessed as Associate Professor/Senior Scientist in the pay scale of 12000- 18300 (pre-revised) w.e.f. 08.07.2005 from the date of acquiring Ph.D on notional basis.
14. It is further stated that The Agenda note approved by the GB, ICAR in their meeting on 5th July 2011 states that "With the grant of UGC pay scales, the post shall go out of technical service and treated as unclassified post". Respondents' claim that the applicant continues to fall under Technical category is incorrect, false and misleading. As mentioned, the agenda note from ICAR GB where the said decision was approved clearly states that post approval the 12 (OA No. 060/637/2021) applicant's post shall go out of technical services w.e.f. 29.06.1996 1.e. date on which the post of Assistant professor (English), NDRI, Karnal was classified as Technical. Hence, per the order, the applicant is never considered to be a part of the technical services: in the said role since the beginning.
15. We have heard the learned counsels for the parties and have carefully gone through the pleadings on record.
16. From the pleadings, the main issue before this Tribunal is whether the applicant is to be retired at the age of 60 or 62 year. The argument of the applicant is that the applicant has been treated at par with Science Faculty after she was adjusted in Science Faculty after abolition of Auxiliary Category. The applicant was also taken out from Technical Category of staff to which the applicant was earlier treated. The contention of the applicant is that the retirement age of Science Faculty is 62 years and 60 years for staff and for other category.
17. It has been further argued by the applicant that the applicant being governed by UGC Pay Scales as per 13 (OA No. 060/637/2021) UGC Regulations of 2010 (Annexure A-17) and Govt. of India notification dated 31.12.2008 (Annexure A-
15) adopted by the ICAR while granting the UGC Pay Scales to the applicant vide Annexure A-29 dated 02.03.2010.
18. The further argument of the applicant is that the applicant is in teaching faculty as a part of Science Faculty (Annexure A-13) issued by the NDRI which is a deemed university which is for the period of 2017-18. The name of the applicant has been shown in Science Category in ARS Discipline at Sr. No. 1 against the total Cadre strength of Scientists in the NDRI.
19. Further, it has been submitted by the applicant that UGC Regulations are applicable to the applicant and the applicant claims the age of retirement as 65 years in view of the judgement passed by the Punjab and Haryana High Court in Dr. Joginder Pal and Ors. Vs. UOI & Ors. (Annexure A-22) followed by this Bench judgement in OA No. 600 of 2021 in Dr. Abha Sudarshan & Ors. Vs. UOI & Ors. decided on 21.03.2023.
14 (OA No. 060/637/2021)
20. That respondents argue that Indian Council of Agricultural Research ICAR) is a society registered under Societies Registration Act, 1860. ICAR is apex body in the field of Agricultural Research and Education and performs the duties as assigned by Ministry of Agriculture and Farmers Welfare in the field of Agricultural Research and Education. Agricultural Universities throughout the country also follow the guidelines issued by ICAR. The field of Agriculture, Research and Education does not fall under the UGC or Ministry of Human Resource Development. The terms and conditions of employees of ICAR and its constituents are governed by the Rules and bye-laws framed by ICAR. However, in certain matters, it follows guidelines of UGC etc. to the limited extent viz. Career Advancement Scheme etc. qua the members of Agricultural Research Service (ARS) who are appointed through Agricultural Scientist Recruitment Board (ASRB) and are involved in research and education in the field of Agriculture but their other conditions of service including age of superannuation etc. are governed by the service bye laws framed by 15 (OA No. 060/637/2021) ICAR. The provisions relating to service and financial matters made by the Govt. of India or URC are not ipso facto applicable to its employees and are applicable where there is no provision made by the ICAR.
21. It has been further argued by the learned counsel for the respondents that as per Bye-law 21, there were five categories of posts in the respondent institute viz. Scientific, Technical, Administrative (including Accounts), Auxiliary and supporting. Each category of posts is governed by separate recruitment rules. Except for holders of Scientific posts which is known as ARS, incumbents of all other posts have 60 years of age of superannuation which is clear as per Annexure R-2.
22. It has been further argued by the learned counsel for the respondents that the age of retirement of Scientific personnel of ICAR has been increased from 60 years to 62 years w.e.f. 13.10.2023 and retaining the age of retirement of Technical Personnel at 60 years (Annexure A-24). The age of retirement of teachers in institutions of Higher Education etc. under the Ministry of Human Resource Development 16 (OA No. 060/637/2021) was enhanced from 62 to 65 years whereas the members of the Scientific Faculty of the ICAR also represented for the enhancement of the age of superannuation to 65 years which was rejected keeping in view the nature of duties and responsibilities of the members of the Scientific Faculty under ICAR vis-a-vis those who were holding regular teaching positions against sanctioned posts who are actually engaged in teaching classes/courses/programmes of studies in institutions under the MHRD (Annexure A-23). Whereas Scientist working in ICAR institutes are appointed to do research work in agriculture and related areas.
23. As per Annexure A-15, Government of India, Ministry of Human Resource Development communicated to UGC the scheme of pay of teachers and equivalent cadres in universities and following the revision of the pay scale of the Central Government employees on the recommendations of the 6th Pay Commission which contained revised pay scales and other terms and conditions including age of superannuation. The respondents ICAR revised 17 (OA No. 060/637/2021) the pay of the Scientist following the revision of the Central Government employees on the recommendation of 6th CPC in the light of MHRD notification dated 31.12.2008 (Annexure A-15) and restricted it upto CAS.
24. The further arguments of the respondents is that the UGC Regulations, 2010 (Annexure A-17) relate to minimum qualification for appointment of teachers and other academic staff in universities and colleges and for maintenance of standards in Higher Educational Colleges
25. Thus, the respondents submit that UGC Regulations (Annexure A-17) itself provide that norms/regulations of ICAR will be applicable to the teachers in the faculty of Agricultural and Veterinary Science which have already been laid down by the ICAR vide Annexure A-16 dated 06.03.2009 and revised scale of pay and other services including age of superannuation etc. is applicable only to the teachers working in the universities and other institutes maintained and funded by the UGC in terms of letter dated 31.12.2008 which is not applicable to ICAR faculty of Agricultural and 18 (OA No. 060/637/2021) Veterinary Science including NDRI. Thus, ICAR has retained age of superannuation of members of ARS at 62 years and adopted letter dated 31.12.2008 to the limited extent.
26. Admittedly, the applicant is appointed to the post of Senior Lecturer/Assistant Professor and it was classified as Auxiliary in the Recruitment Rules in the Advertisement. It is also an admitted fact that later on, the post of the applicant was changed into technical category initially from 29.06.1996 and later on converted into unclassified with GB agenda of July 2011 which is clear as per Annexure R-6. There is no full-fledged department of English and the duties of the applicant were not directly connected with the research and educational activities of the organization.
27. From the reply of the respondents, it is clear that the respondent organization is not awarding any degree in the subject of English. The duties of the Scientific Faculty are teaching and research of the agricultural subject which is part of the duties of the Agricultural Research Service.
19 (OA No. 060/637/2021)
28. From the reply of the respondents, it is also clear that the mode of recruitment of Scientific Faculty is through Agricultural Scientist Recruitment Board after open advertisement through All India Competition. The appointment of applicant was by Director NDRI at local level without reference to ASRB. From letter dated 24.08.2011 (Annexure A-
8), it is quite clear that it was a measure personal to the applicant and the post was to be abolished on her retirement and only CAS of UGC as applicable to Scientific Faculties of ICAR in the Deemed Universities of the ICAR w.e.f. 29.06.1996 was granted to her. The ICAR vide Annexure A-16 dated 06.03.2009 adopted only the CAS without adopting other conditions therein. The UGC Regulation as per Annexure A-17, lays down the norms fixed by the ICAR for the teachers in the faculty of Agriculture and Veterinary Science. This is not the case in the present OA as the ICAR has already increased the age of superannuation of the Scientific Faculty to 62 years vide Annexure A-24 dated 25.06.2007 and has rejected the claim of scientific faculty of the ICAR for 65 years vide Annexure A-23 dated 22.06.2007 and 20 (OA No. 060/637/2021) tis is in view of Bye Law 30 (a). Thus, except for Scientific Faculty, all other employees including the technical employees shall retire at the age of 60 years in terms of Bye Law 33 (a) & (b) of the Rules and Bye Laws of ICAR read with FR 56 as per which all the employees of the Central Government including those who fall in the unclassified category like the applicant shall retire at the age of 60 years.
29. The reliance of applicant on the case of Dr. Joginder Pal (supra) is distinguishable as UGC pay scale was given to the applicant purely on personal basis. She was never inducted in ARS Cadre. Moreover, the said judgement is applicable to the Institute of Higher Education termed as Central institutes which are governed under Ministry of HRD which are purely educational institutes whereas the respondent institute i.e. NDRI in research institute is a constituent of ICAR under the Ministry of Agriculture and Farmer Welfare, Govt. of India which is a registered society under Societies Registration Act, 1860 and is governed by its own rules and bye laws and instructions issued by the Government of India or UGC relating to condition of service etc. are 21 (OA No. 060/637/2021) not ipso facto applicable where there is specific provision in the bye laws of the ICAR. Furthermore, applicant's category being unclassified will not be covered by the UGC Regulations applicable to the fullfledged Department of English under the Ministry of HRD and the conditions for the enhancement upto the age of 65 years as contained in letter dated 23.03.2007 or 31.12.2008 or UGC Regulations 2010 is not applicable in the present case.
30. The reliance placed by the applicant on her assessment under CS as applicable to Scientist including writing of her ACRs as Scientists and showing of a Flexi post under the category of the scientist in the year 2019 (Annexure A-4 dated 31.12.2019) including recommendation of the Director is also misplaced as the flexi discipline was shown only for the purpose of payment of pay and allowances and which was not shown in the sanctioned strength of Scientist category vide memo dated 02.07.2020 (Annexure R-25) nor it could be as her post was never included in Agricultural Research Service (ARS) nor it was sanctioned for the Scientist Category. Order dated 24.08.2011 shows 22 (OA No. 060/637/2021) that after her retirement, the post of Assistant Professor (which is her Substantive Post and which was created and sanctioned under the Recruitment Rules under the category Auxiliary i.e. not connected with the education and research under ICAR) was to be abolished meaning thereby that neither there was any need nor it was required by the Institute.
31. In view of the above, there is no merit in this OA and the same is dismissed. We make it clear that the applicant is working in view of the interim directions of this Tribunal. The applicant stood retired at the age of 60 years w.e.f. 31.08.2021 and retirement dues are to be calculated as on 31.08.2021 only. As the applicant has worked due to the interim directions of this Tribunal, the pay and allowances drawn by her during the said period shall not be recovered.
32. There shall be no order so as to costs.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*