Central Administrative Tribunal - Mumbai
Bhabha Atomic Research Centre vs Bhabha Atomic Research Centre on 4 December, 2025
1
OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
Central Administrative Tribunal
Mumbai Bench, Mumbai
Original Application No. 546/2019,
Original Application No. 764/2023 &
Original Application No. 765/2023
Order reserved on: 09.10.2025
Order pronounced on:04.12.2025
Coram :
Hon'ble Mr. Shri Krishna, Member (A)
Hon'ble Mr. Umesh Gajankush, Member (J)
OA No. 546/2019
1. The Bhabha Atomic Research Centre
Officers' Association (BARCOA)
Through its President
Shri. I. A. Ansari
Regd. Off-1-346-S, Mod Lab
B.A.R.C. Trombay
Mumbai -400 085.
2. Shri Sanjiban De
Joint Secretary, BARCOA,
Scientific Officer "F",
Presently posted at Trombay,
Room No-6 CIRUS
RRDPD, BARC,
Trombay, Mumbai - 400 085.
....Applicants
(By Adv: Shri Vishal Shirke)
Versus
1. Union of India through
The Secretary,
Department of Atomic Energy, (D.A.E)
Anushkati Bhavan,
Chhatrapati Shivaji Maharaj Marg,
Digitally signed by VIJAY KUMAR VERMA
Date: 2025.12.08 10:40:12+05'30' Mumbai - 400 001.
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OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
2. The Director,
Bhabha Atomic Research Centre, (B.A.R.C.)
Central Complex, Trombay,
Mumbai -400 085.
....Respondents
(By Adv: Shri N.K. Rajpurohit)
OA No. 764/2023
1. Indrapal Singh Tomar
Son of Late Shri M S Tomer,
Age 63 Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at H. No. 146,
Balaji Nagar Rawatbhatta,
Via -Kota Rajasthan-323304
Mobile - 8529397649
Email ID. [email protected]
2. Ram Chandra Prasad
Son of Ramanand Maharaj Age 65
Retd. Scientific Officer (F),
HWP, Mumbai - 400 094,
Residing at Flat No 503, Fifth floor,
Guruatman CHS Ltd,
Plot No 23, Sector 17,
Ulwe Navi Mumbai 410206
Mobile - 9869032293
Email ID [email protected]
3. Chandra Kumar Yadav
Son of Late Shri Lallu Yadav
Age 64 Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at, 305J, Barsana Block,
Salasar Dham Enclave, Devli Arab Road,
Borkhera, Kota-324001 Rajasthan
Mobile - 9460811794
Email ID. [email protected]
Digitally signed by VIJAY KUMAR VERMA
Date: 2025.12.08 10:40:12+05'30'
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OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
4. Mahesh Kumar Rahul
Son of Shri Mohan Lal Verma
Age 62 Retd. Scientific Officer (F)
Residing at 76, Shwet Nagar Mahal,
Jagatpura Near Suresh Gyan Vihar University,
Jaipur-302 017, Rajsthan
Mobile-9414740297
Email ID [email protected]
5. DK Chatterjee
Son of Late Shri B N Chatterjee, Age 61
Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at, Villa 54, Auric Vedas,
Omaxe City, Ajmer Road,
Jaipur Rajasthan 302027
Mobile - 8764026028
Email ID. [email protected]
6. Manoj Kumar Bajpai
Son of S. P. Bajpai
Age 64
Retd. Scientific Officer (G),
HWP, Kota -323 304,
Residing at, J-705, Barsana Salasar
Dham. Deoli Arab Road
Borekhera, Kota-324001
Mobile - 9460474228
Email ID. [email protected]
7. Aditya Kumar Sahu
Son of Late Shri Mahendra Sahu Age 63
Retd. Scientific Officer (F), HWP, Mumbai - 400 094,
Residing at A-303, Shikhar Complex CHS Ltd., Plot
No. 19, Sector 19, Kamothe, Panvel, District -
Raigarh, MS-410209 Mobile - 9869442003
Email [email protected]
Digitally signed by VIJAY KUMAR VERMA
Date: 2025.12.08 10:40:12+05'30'
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OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
8. Pramod Kumar Tiwari
Son of Paras Nath Tiwari
Age 61
Retd. Scientific Officer (G), HWP, Kota - 323 304,
Residing at Flat No. 1B - 504, Emerald Residency,
Bundi Road, Kunhadi, Kota, Rajasthan, 324008
Mobile - 9461591492
Email ID [email protected]
9. Raj Kumar Sharma
Son of Babu Lal Sharma, Age 62
Retd. Scientific Officer (G),
HWP, Baroda -391 320,
Residing at, Shalimar Estate,
Flat No. 405, New Hyderabad,
Lucknow-226007
Mobile - 9969941751
Email ID. [email protected]
10. Rajendra Kumar Sharma
Son of Hanuman Das Sharma
Age 63
Retd. Scientific Officer (G),
HWP, Kota -323 304,
Residing at, 1B-403, Suwalaka's, Emrald
Residency, Bundi Road,
Kunahadi Kota, 324008
Mobile - 9460522389
Email ID. [email protected]
11. Bhagwan Lal Mali
Son of Bhimraoji
Age 62
Retd. Scientific Officer (F),
HWP, Kota - 323 304,
Residing at, Munmum's Nest Plot No.-281,
Balaji, Nagar Rawatbhata, PO-Bhabha
Nagar, Rajasthan-323307
Mobile - 9829875655
Digitally signed by VIJAY KUMAR VERMA
Email ID. [email protected]
Date: 2025.12.08 10:40:12+05'30'
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OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
12. Vinod Kumar Singh
Son of Late Shri Ramji Lal
Age 66
Retd. Scientific Officer (E),
HWP, Kota -323 304,
Residing at, 805, Gokul Salasar Dham,
Deoley Arab Road, Borekhera, Kota-
Rajasthan-324001
Mobile - 9784293555
Email ID. singhvk [email protected]
13. Anil Kumar Jain
Son of Inder Chand Jain
Age 60
Retd. Scientific Officer (G),
HWP, Kota -323 304,
Residing at, 10, Vivekanand Colony,
Ward No. 17, Behind Kisan Cinema,
Deoli (Tonk), Rjasthan-304804
Mobile - 9414444181
Email ID. [email protected]
14. Shesh Nath Singh
Son of Ram Adhar Singh
Age 66
Retd. Scientific Officer (F),
HWP, Kota - 323 304,
Residing at, 205, Gokul Block, Salardham,
Deoli Arab Road, Borkheda, Kota,
Rajasthan-324001
Mobile - 6375534992
Email ID. [email protected]
15. Subodh Prakash Singh
Son of Bijay Singh
Age 65
Retd. Scientific Officer (E),
HWP, Kota - 323 304,
Residing at, 1-B, 404 Suwalka Emerald
Residency Bundi Road, Kota,
Digitally signed by VIJAY KUMAR VERMA
Rajasthan-324008
Mobile - 7073488699
Date: 2025.12.08 10:40:12+05'30'
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OA No. 764/2023 & OA No. 765/2023
Email ID. [email protected]
16. Madan Mohan Lohani
Son of Ganesh Dutt Lohani
Age 64 Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at, A-708, Parshavnath Pleasant
Behind Mahvee Mission Hospital Kunhadi,
Kota Rajasthan-324008
Mobile - 9460811806
Email ID. [email protected]
17. Ashok Kumar Awasthi
Son of Shri Shiv Kumar Awasthi Age 64
Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at, C-864, Shrinathpuram,
Po-Kota, Engineering College, Kota
Rajasthan 324010
Mobile - 9928669953
Email ID. [email protected]
18. Rajendra Prasad Ram
Son of Shri BN Ram
Age 60
Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at, E2/301, Mahalaxmi Puram,
Baran Road Kota Rajasthan-324001
Mobile - 9950024608
Email ID. [email protected]
19. Satyendra Singh Hada
Son of Late shri Laxman Singh Hada
Age 61
Retd. Scientific Officer (F),
HWP, Kota - 323 304,
Residing at, 703, Wonder View
Appartment, Hada Rani Market, Kotari
Circle, Vallabhbari Gumanpira, Kota-
Digitally signed by VIJAY KUMAR VERMA
324007, Rajasthan
Mobile - 9428520441
Date: 2025.12.08 10:40:12+05'30'
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OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
Email ID. [email protected]
20. Shyam Narayan Singh Yadav
Son of Shri Ram Yash Yadav
Age 64 Retd. Scientific Officer (F),
HWP, Kota -323 304,
Residing at, G-2/605, Pearl Residency,
Riddhi Siddhi Nagar, 1st, Bundi Road,
Kota, Rajasthan-324 008
Mobile - 8000238774
Email ID. [email protected]
21. Dinesh Sharma
Son of Shri Durgadas Sharma
Age 62
Retd. Scientific Officer (G),
HWP, Kota -323 304,
Residing at, F-302, Chambal Residency,
Civil Lines, Nayapura Kota (Rajasthan) 324001.
Mobile - 9461072883
Email ID. [email protected]
22. Karam Prasad Gorwal
Son of Shri Madho Lal Ji
Age 65
Retd. Scientific Officer (E),
HWP, Kota -323 304,
Residing at, 1355A, RK Puram, Kota- 324010,
Rajasthan-324010 Mobile - 9414189103
Email ID. [email protected] Versus
....Applicant
(By Adv: Adv. Vishal Shirke)
VERSUS
1. Union of India,
Through the Secretary,
Department of Atomic Energy
Anushakti Bhavan,
Digitally signed by VIJAY KUMAR VERMA
Chhatrapati Shivaji Maharaj Marg
Mumbai -400 001
Date: 2025.12.08 10:40:12+05'30'
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OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
2. The Chief Executive,
Heavy Water Board (HWB),
5th Floor, V.S. Bhavan,
Anushakti Nagar, Mumbai -400094.
... Respondents
(By Adv.: Shri N.K. Rajpurohit)
OA No. 765/2023
1. P. K. Jain
Son of Hori Lal Jain,
Age 63
Retd. Scientific Officer (E),
BARC, Tarapur -401502,
Residing at Flat no. 7&8,
Neminath Apartment, M-3,
Ostwal Empire Boisar,
Dist. - Palghar - 401 501
Mobile - 9422677608
Email id. [email protected]
2. Kiran R Gupte
Son of Ravindra Shantaram Gupte
Age 61
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at C-11 Nisarg Upavan society,
Patlipada, Thane (W)
Mobile - 9423372718
Email id. [email protected]
3. S. Sridhar
Son of V. Sankaran
Age 62
Retd. Scientific Officer (G),
Digitally signed by VIJAY KUMAR VERMA
BARC, Mumbai - 400 085,
Date: 2025.12.08 10:40:12+05'30'
Residing at, B-1203, Ruparel Orion,
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OA No. 764/2023 & OA No. 765/2023
Sidhartha Colony, Swastik Park,
Chembur, Mumbai-71
Mobile - 9869703827
Email id. [email protected]
4. Rakesh Kumar Kaushik
Son of Late Salig Ram Kaushik
Age 63
Retd. Scientific Officer (F),
BARC, Mumbai - 400 085,
Residing at, 203, Neelsidhi Gloria CHS,
Plot no.150-151, Sector 2, Ulwe, Navi
Mumbai -410206 Mobile -9322224386
Email Id. [email protected]
5. Pramod Kumar Gautam
Son of Laxmi Shankar Sharma
Age 62
Retd. Scientific Officer (F),
BARC, Tarapur- 401502,
Residing at, 804, B wing, Jasper,
Hiranandani estate, Patlipada,
Thane 400607
Mobile - 9423372857
Email Id. [email protected]
6. Hemant Kumar
Son of Lekh Raj Singh
Age 60
Retd. Scientific Officer (F),
BARC, Tarapur-401502,
Residing at, Village & PO- Beebra Khurd,
Amroha-Dist., UP- 244501
Mobile-8208689721
Email Id. [email protected]
7. Arun Kumar Goyal
Son of M. C. Goyal
Age 64
Retd. Scientific Officer (F),
Digitally signed by VIJAY KUMAR VERMA
BARC, Tarapur - 401 502,
Residing at F-702, Jewel Residency, ITBP
Date: 2025.12.08 10:40:12+05'30'
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Road, Niranjanpur, Dehradun,
Uttrakhand - 248001
Mobile -8087204856
Email Id. [email protected]
8. Pratap Singh
Son of Yadram Singh
Age 64
Retd. Scientific Officer (E),
BARC, Tarapur-401502,
Residing at 7C/175, Avas Vikas
Moradabad UP-244001
Mobile - 9420607745
Email Id. [email protected]
9. Dheeraj Kumar Pant
Son of Shankar Dutt Pant
Age 61
Retd. Scientific Officer (F),
BARC, Tarapur - 401 502,
Residing at, 152, Tejab Mill Campus,
Anwarganj,
Kanpur (UP) Pin- 208003.
Mobile - 7387323166
Email Id. [email protected]
10. Sankesh Ram
Son of Dayaram
Age 61
Retd. Scientific Officer (F),
BARC, Tarapur - 401502,
Residing at, 43/11, BARC Colony Boisar.
Po-TAPP.
Distt-Palghar, 401504
Mobile - 9503623206
Email Id. [email protected]
11. Chhagan Baliram Patil
Son of Baliram Shamu Patil
Age 61
Digitally signed by VIJAY KUMAR VERMA
Retd. Scientific Officer (G),
BARC, Tarapur - 401502,
Date: 2025.12.08 10:40:12+05'30'
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Residing at, Hingone Ta. Yawala
Dist.- Jalgaon, 425515
Mobile -9421623141
Email Id. [email protected]
12. Jagannath Pandurang Narvekar
Son of Pandurang Appa Narvekar
Age 62
Retd. Scientific Officer (E),
BARC, Mumbai - 400 085,
Residing at, E-604 Jijau CHS Ltd
Plot No 4-5-6-7, Sector 17,
Kamothe Navi Mumbai 410209
Mobile - 9920495225
Email Id. [email protected]
13. Rajesh Kumar Singh
Son of Ram Prasad Singh
Age 62
Retd. Scientific Officer (G),
BARC, Mumbai -400 085,
Residing at, D-304, Shri Mahaveer
Sadhana CHS. Ltd, Sanpada,
Navi Mumbai-400705
Mobile - 7718977463
Email Id. [email protected]
14. Radhakrishnan K Menon
Son of Krishnankutty Menon
Age 60
Retd. Scientific Officer (G),
BARC, Mumbai -400 085,
Residing at, 1103, Sagar Apartments
Swastik Park Chembur,
Mumbai 400071
Mobile - 9869451944
Email Id. [email protected]
15. R Sankar
Son of N. Ramakrishnan
Digitally signed by VIJAY KUMAR VERMA
Age 60
Retd. Scientific Officer (G),
Date: 2025.12.08 10:40:12+05'30'
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BARC, Mumbai - 400 085,
Residing at, B 301, Shivam CHS
Plot 49, Sector 9 Khanda Colony,
New Panvel (W)
Mobile - 9029003546
Email Id. [email protected]
16. Sudesh Shantaram Pandit
Son of Shantaram D. Pandit
Age 62 Retd.
Scientific Officer (F),
BARC, Mumbai - 400 085,
Residing at, 4/43, Jai Hanuman CHS,
Paranjape B Scheme Road No.2,
Vile Parle, Mumbai 400057
Mobile - 9969045042
Email Id. [email protected]
17. Sambhaji Dodha Chaudhari
Son of DodhaSuphadu Chaudhari
Age 63
Retd. Scientific Officer (E),
BARC, Mumbai - 400 085,
Residing at, 1004 Sterling Tower,
Plot No 232, Sector 21, Kamothe,
Navi Mumbai, Pin 410209.
Mobile - 9969459170
Email Id. [email protected]
18. Ray Sahab Singh
Son of Adya Prasad Singh
Age 64
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at, G 10 Sector 12
Shivaji Chowk, Kharghar,
Navi Mumbai 410210
Mobile - 9029505997
Email Id. [email protected]
Digitally signed by VIJAY KUMAR VERMA
19. Tarit Kumar Chowdhuri
Date: 2025.12.08 10:40:12+05'30'
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Son of Ardhendu Sekhar Chowdhuri
Age 67
Retd. Scientific Officer (F),
BARC, Mumbai - 400 085,
Residing at, B-302, Yash Avenue Society,
Plot no C/51, Sector-20, Kharghar, Navi
Mumbai -410210
Mobile -8169280790
Email Id. [email protected]
20. Pramod Soni
Son of Dhannalal Soni
Age 61
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at, A9001, Olive Shallots CHS,
Sector 16A, Sanpada
Navi Mumbai
Mobile - 9969009577
Email Id. [email protected]
21. K Kumaraguru
Son of A K Krishnan
Age 64
Retd. Scientific Officer (G),
BARC, Mumbai -400 085,
Residing at, 2805, Cardinal, Hiranandani Estate,
Thane (West), 400607.
Mobile - 9869105683
Email Id. [email protected]
22. Dr Shiv Kumar Misra
Son of Ved Narayan Misra
Age 61
Retd. Scientific Officer (G),
BARC, Mumbai - 400 085,
Residing at, 401, Bhoomi Ratna
CHS, Plot no 74, sector 21,
Kharghar 410210
Digitally signed by VIJAY KUMAR VERMA
Mobile -9869686503
Email Id. [email protected]
Date: 2025.12.08 10:40:12+05'30'
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23. Harishchandra Vithoba Nehe
Son of Vithoba Nehe
Age 62
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at, 2102, Asawari-B,
Nanded City, Sinhgad Road,
Pune-411041
Mobile - 9834562437
Email Id. [email protected]
24. Manzar Ali Khan
Son of Mazhar Ali Khan
Age 65
Retd. Scientific Officer (E),
BARC, Mumbai -400 085,
Residing at, M A KHAN,
C-401, Plot No.- 11/2, Mahim Merchants
CHS LTD., Sec - 15, NERUL (E), Navi
Mumbai -400706
Mobile - 9967201449
Email Id. [email protected]
25. Anand Kumar Sharma
Son of Meghraj Sharma Age 63
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at, 701, Swastik Park CHS,
Sector 21, Plot 225, Kamothe,
Navi Mumbai. Pin 410209.
Mobile - 9969124598
Email Id. [email protected]
26. Subhas Chandra Jha
Son of Radha Kant Jha
Age 63
Retd. Scientific Officer (E),
BARC, Mumbai - 400 085,
Digitally signed by VIJAY KUMAR VERMA
Residing at, B-703, Sai-Swar,
Plot no. 20, Sector -2, Kharghar,
Date: 2025.12.08 10:40:12+05'30'
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Navi Mumbai - 410210.
Mobile -9137565652
Email Id. [email protected]
27. Meghla Dutta Chowdhury
Son of Anit Dutta Chowdhury
Age 62
Retd. Scientific Officer (G),
BARC, Mumbai - 400 085,
Residing at, 704 Dharti Heights Sector 21
Kamothe 410206
Mobile - 9757388846
Email Id. [email protected]
28. Kanchana G Menon
Son of Gopal Menon
Age 53
Retd. Scientific Officer (F),
BARC, Mumbai - 400 085,
Residing at, 302, Rosewood Tower 3,
Runwal Greens, Goregaon Mulund link Road,
Nahur West,
Mumbai-400078
Mobile - 9833038300
Email Id. [email protected]
29. Gajanan R Dharmpurikar
Son of Keshav Rao Dharmpurikar
Age 63
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at, 105, A wing Casa Vista,
Lakeshore Grees,
Dombivali East 421204
Mobile - 9820566942
Email Id. [email protected]
30. Anil Pandurang Karande
Son of Pandurang R Karande
Age 60
Digitally signed by VIJAY KUMAR VERMA
Retd. Scientific Officer (G),
BARC, Mumbai -400 085,
Date: 2025.12.08 10:40:12+05'30'
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Residing at, 603, C-Wing, Wisdom Park
Housing Society, Near Finolex Chowk,
Pimpari, Pune-411 018.
Mobile - 9421627907
Email Id. [email protected]
31. Dipti Jayesh Shah
Daughter of Jayesh Gopaldas Shah Age 60
Retd. Scientific Officer (E),
BARC, Mumbai - 400 085,
Residing at, A1, 1902, Gundecha Trillium,
Thakur Village, Borivali East, Mumbai -
400066
Mobile - 7506376684
Email Id. [email protected]
32. Atla Madhusudan
Son of Atla Simhadri Varma
Age 61
Retd. Scientific Officer (F)
BARC, Mumbai - 400 085,
Residing at, Saraswati Nilayam,
Plot No.4, Raghav Kalyan Estate,
Kalyanpuri Colony
Mobile - 9833049097
Email Id. [email protected]
33. Javanta Kumar Bose
Son of Jagabandhu Bose Age 62
Retd. Scientific Officer (G),
BARC, Mumbai - 400 085,
Residing at, RH -IV, B-11,
Sector-9, CBD, Belapur,
Navi Mumbai-400614
Mobile - 9930139611
Email Id. [email protected]
34. Vinay Pal Singh
Son of Siddh Gopalsingh
Age 62
Digitally signed by VIJAY KUMAR VERMA
Retd. Scientific Officer (G),
BARC, Mumbai -400 085,
Date: 2025.12.08 10:40:12+05'30'
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Residing at, 301, E Wing,
Amey CHS Palm beach Residency Sector
4, Nerul Navi Mumbai-400706
Mobile - 7506250045
Email Id. [email protected]
35. V.V.S.S Prasad
Son of V.Bhavanarayana
Age 62
Retd. Scientific Officer (G),
BARC, Mumbai - 400 085,
Residing at, C-6-06-0:3,
Rajnigandha, Sector-5, Belapur,
Navi Mumbai-400614
Mobile - 9137263140
Email Id. [email protected]
36. Lokendra Singh Rajput
Son of Ram Singh Rajput
Age 63
Retd. Scientific Officer (G),
BARC, Mumbai - 400 085,
Residing at, B-803 Siddhashila Eira CHS Ltd,
Punawale. Pune- 411033
Mobile - 8482831774
Email Id. [email protected]
37. Gangadhar Nagnath Kalyane
Son of Nagnath Kalyane
Age 63
Retd. Scientific Officer (E),
BARC, Mumbai - 400 085,
Residing at, At Post WadwalNagnath,
Taluka Chakur District Latur Maharashtra
PIN code 413529
Mobile - 9833178844
Email Id. [email protected]
38. Prakash Tukaram Pophalkar
Digitally signed by VIJAY KUMAR VERMA
Son of T. G. Sutar Age 61
Retd. Scientific Officer (F),
Date: 2025.12.08 10:40:12+05'30'
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BARC, Mumbai - 400 085,
Residing at, 501, Dharti Heights CHS, Plot
no. 28, Sector 21, Kamothe,
Navi Mumbai-410209
Mobile -97571 12172
Email Id. [email protected]
39. Suresh D Francis
Son of Jebamoney Xavier Francis
Age 62 Years
Retd. Scientific Officer (F),
BARC, Mumbai -400 085,
Residing at, Plot No. G-89, Sector 12
Khargar Navi Mumbai 410 210
Mobile - 9869237993
Email Id. [email protected]
40. C B Singh
Son of Ram Adhar Singh
Age 62 years
Retd. Scientific Officer (E),
BARC, Mumbai - 400 085,
Residing at, Flat No. 2802,
Bldg.-2b, Samyama, Adiraj Capital City,
Opp. Nhi, Rohinjan, Navi Mumbai 410208
Mobile - 9029949874
Email Id. [email protected]
41. Jalaluddin
Son of Nizamuddin
Age 62 years
Retd. Scientific Officer (F), BARC,
Tarapur - 388 180
Residing at 702, Umiya Kiran CHS Ltd.
Plot No. 71, Sector-21, Kamothe, Navi
Mumbai, 410209
Mobile - 98190 46424
Email id. [email protected]
42. Dr. Sreenivasa Rao Kommajosyula
Digitally signed by VIJAY KUMAR VERMA
Son of Krishna Murty
Age 61 years
Date: 2025.12.08 10:40:12+05'30'
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Retd. Scientific Officer (G), BARC
Mumbai - 400 085,
Residing at B-701, Aditya
Imperial Heights, Hafeezpet, Hyderabad-
500049
Mobile No. 9869710824
Email id. [email protected]
43. Raghunath Manohar Yogendra
Son of Late Y. M. Manohar
Age 61 years
Retd. Scientific Officer (G),
BARC, Mumbai -400 085,
Residng at H No. 2-2-1144/28
New Nallakunta, Hyderabad 500 044
Mobile No. 9867249700
Email id. [email protected]
44. Santosh Kumar Srivastava
Son of R. S. Lal Srivastava
Age 64 years Retd. Scientific Officer (G), BARC,
Residing at Villa C-111, City Park Phase II,
Shahjahanpur
Mobile No. 9967447574
Email id. [email protected]
45. Kishor Bhanudas Kulkarni
Son of Bhanudas Kulkarni
Age 64 years
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at 404, Lakshmi Height CHS
Ltd. Plot No. 78, Sector-18, Kharghar,
Navi Mumbai - 410 210
Mobile No. 8329291835
Email id. [email protected]
46. Sant Sharan
Son of Naubat Ram,
Age 63 years
Digitally signed by VIJAY KUMAR VERMA
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Date: 2025.12.08 10:40:12+05'30'
20
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Residing at B1-901, Hyde Park,
Sector-35 G, Kharghar,
Navi Mumbai - 410 210,
Mobile No. 9420804392
Email id - [email protected]
47. Dr. Satish R. Sawant
Son of Raghunath Bhau Sawant
Age 61 years
Retd. Scientific Officer (F),
BARC, Tarapur -401 502
Residing at Flat No. 24, Nirjara Park,
Rahatani, Pune -411 017
Mobile No. 7798429116
Email id - [email protected]
48. Nagnath Baburao Kashid
Son of Baburao Tukaram Kashid,
Age 62 years
Retd. Scientific Officer (E),
BARC, Tarapur -401 502
Residing at G-601, Gandharva Excellence
(Phase-1) A/P: Moshi,
Dist: Pune-412105
Mobile No. 9423373609
Email id: [email protected]
49. Gorakh Nath
Son of Shri. Vishwambhra
Age 63 years
Retd. Scientific Officer (G), BARC,
Tarapur -401 502
Residing at Flat No. 604, D-wing, Atlas,
Bldg. No. 06, Thakur Galaxy, Boisar, Tal.
& Dist. - Palghar - 401 501
Mobile No. 8080659556
Email id - [email protected]
50. Krishna Pal Singh
Son of Bal Ji Singh,
Digitally signed by VIJAY KUMAR VERMA
Age 64 years
Retd. Scientific Officer (F), BARC,
Date: 2025.12.08 10:40:12+05'30'
21
OA No. 546/2019
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Tarapur - 401 502
Residing at Flat No. 604, Wing-A, Atlas,
Thakur Galaxy, Boisar (W)
Mobile No. 8208777237
Email id. - [email protected]
51. Shirish D. Dogmane
Son of Dattopant Vitthal Dogmane
Age 63 years,
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at Flat No. 3, Space nest Apt.,
Vidhate Nagar, Shri. Ravishankar Marg,
Post Gandhi Nagar,
Nashik 422 006
Mobile No. 9423372794
Email id - [email protected]
52. Rishi Pal Singh
Son of Late Mangal Singh
Age 63 years,
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at B-904, Royal Imperio Society,
Kokane Chowk Rahatni, Opp. Deepmala Residency,
Pune -411 017
Mobile No. 988121970
Email id - [email protected]
53. Dr. Anil Kumar K. Pabby
Son of Kundan Lal Pabby
Age 61 years,
Retd. Scientific Officer (G), BARC,
Tarapur -401 502
Residing at B 908, Hill Shire, Kesnand Rd.
Wagholi, Pune 412 207
Mobile No. 9422671865
Email id [email protected]
54. Urukuzhikara Ayyappan Rajan
Digitally signed by VIJAY KUMAR VERMA
Son of U. K. Ayyappan
Age 62 Years,
Date: 2025.12.08 10:40:12+05'30'
22
OA No. 546/2019
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Retd. Scientific Officer (G), BARC
Tarapur -401 502
Mobile No. 9158058546
Email id. [email protected]
55. Paras Nath Ram
Son of Shri. Somaroo Ram
Age 63 years
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at Tata Housing,
New Haven, A7-6A/23, Betegaon, Boisar
(E) 401 501
Mobile No. 9545823680
Email id. [email protected]
56. Debashis Das
Son of Dhirendra Nath Das
Age 64 years,
Retd. Scientific Officer (E), BARC,
Tarapur -401 502
Residing at Avenue - J/18/101,
RustomjeeEvershine Global City,
Virar (W)-401 303
Mobile No. 8459025720
Email id. [email protected]
57. Rajesh Kumar Saxena
Son of Gopi Nath Saxena
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at Flat No. 201, Bldg. No. 17, M
Avenue, Global City, Virar (W),
Palghar -401 303
Mobile No. 9960715259
Email id. [email protected]
58. Vishwas Pandharipande
Digitally signed by VIJAY KUMAR VERMA
Son of Sharadchandra
Age 64 Years,
Date: 2025.12.08 10:40:12+05'30'
23
OA No. 546/2019
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Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at A-1, 504, Regency Orion,
Near Yash Orchid, Behind Mahendra Showroom,
Baner, Pune - 411 045
Mobile No. 9673618721
Email id. [email protected]
59. Apurba Dhar
Son of Amulya Chandra Dhar
Age 65 Years,
Retd. Scientific Officer (G), BARC,
Tarapur -401 502
Residing at 1801, Kinjal Paradise,
Plot No. 43, Sector 35, Kharghar - 412 210
Mobile No. 9923265039
Email id. [email protected]
60. Govind Prasad
Son of Thakur Prasad
Age 62 years
Retd. Scientific Officer (E), BARC,
Tarapur -401 502
Residing at F -301, Casa lakeside,
Lakeshore Green, Palava City Phase 2, Khoni,
Dombivali East - 421 204
Mobile No. 9960450104
Email id. [email protected]
61. Narayanan Madhu R Son of K. Narayanan Nair
Age 64 Years,
Retd. Scientific Officer (G), BARC,
Tarapur -401 502
Residing at 126A, Varinam, Curzon
Nagar, T.D. Road, Cuchery, Kollam,
Kerala-691 013
Mobile No. 9422677124
Email id. [email protected]
62. Padmakumar S. Nair
Digitally signed by VIJAY KUMAR VERMA
Son of Srikantan Nair. P
Age 62 Years
Date: 2025.12.08 10:40:12+05'30'
24
OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
Retd. Scientific Officer (F), BARC,
Tarapur - 401 502
Residing at Thamarasseril-Sreekandam,
Evoor North, Cheppad Post,
Dist. Alleppey (Alappuzha), Kerala 690 507
Mobile No. 9021067350
Email id. [email protected]
63. R. Madhusoodanan Panicker
Son of Ramakrishna Pillai
Age 62 years
Retd. Scientific Officer (G),
BARC, Tarapur -401 502
Residing at 49/527A, Sankeerthana,
Parayil Rd, Elamakkara, Ernakulam District,
Kerala 682 026
Mobile No. 9422678043
Email id. [email protected]
64. Dr. Suman Chandra Roy K.
Son of Late Krishnan Nair
Age 65 years
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at Flat No. 15C, Livit Harmony,
UC College PO, Aluva Ernakulam, Kerala 683 102
Mobile No. 7709623767
Email id. [email protected]
65. Cheriyakozhikal Anthony Xavier
Son of Cheriyakozhikal Joseph Anthony
Age 62 years,
Retd. Scientific Officer (F), BARC,
Tarapur - 401 502
Residing at Cheriyakozhikal House,
Eramalloor (Po), Dist. Allappuzha, Kerala
Mobile No. 9529185238
Email id. [email protected]
66. P. D. Sugathan
Digitally signed by VIJAY KUMAR VERMA
Damodaran
Age 63 years,
Date: 2025.12.08 10:40:12+05'30'
25
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Retd. Scientific Officer (F), BARC,
Mumbai - 400 085
Residing at Villa No. 7, Grand Cyber
valley, HMT colony P.O, Matttakadu,
Kalamassery, District Ernakulam,
Kerala -683 503
Mobile No. 9869209814
Email id. [email protected]
67. Sureshbabu C. M.
Son of Madhavan C. K.
Age 63 years
Retd. Scientific Officer (F), BARC,
Mumbai -400 085
Residing at 3, Whitefield, Viyyur, Thissur,
Kerala -680 010
Mobile No. 9869559637
Email id. [email protected]
68. Dr. Janardhan C.
Son of Shankaran C.
Age 63 years
Retd. Scientific Officer (G), BARC,
Mumbai -400 085,
Residing at Chaemban House, P.O.
Vengad, Dist. Kannur, Kerala
Mobile No. 9869423696
Email id. [email protected]
69. B. Sreekumaran Nair
Son of K. Bhaskaran Nair
Age 64 years
Retd. Scientific Officer (G), BARC,
Kalpakkam -603 102
Residing at G-2, A Block, Sakkthi
Garden Phase-1, 100 ft. road, Selaiyur,
Chennai
Mobile No. 9443881304
Email id. [email protected]
Digitally signed by VIJAY KUMAR VERMA
70. Sankaran M. R.
Son of Ramchandran M.
Date: 2025.12.08 10:40:12+05'30'
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Age 63 Years
Retd. Scientific Officer (G), BARC,
Kalpakkam - 603 102
Residing at B-1, Vignesh Enclave
Bhajanai Koli Street (Extn.), Sriram
Nagar, Thiruvanchery, Chennai - 600 126
Mobile No. 9894940706
Email id. [email protected]
71. Sivakumaran Krishnan
Son of Krishnan
Age 64 years,
Retd. Scientific Officer (F), BARC,
Kalpakkam - 603 102
Residing at Flat No. 201, Tower 1B,
Prince Highlands, MPH Road,
Iyyappanthangal,
Chennai 600 056
Mobile No. 6383736295
Email id. [email protected]
72. Kanthavel Subbarayal
Son of S. Kanthavel Reddiar
Age 63 years
Retd. Scientific Officer (E), BARC,
Tarapur -388 180
Residing at A 85 /3D, Jones Geethalaya,
5th Cross St., Maharaja Nagar,
Tirunelveli -627 011
Mobile No. 9975228470
Email id. [email protected]
73. Ramanathan Kannan
Son of Late Shri T. Ramanathan
Age 61 years
Retd. Scientific Officer (G), BARC
Mumbai- 400 085
Residing at F 18, C & D wing,
Salmas Amar Enclave, Lakshmi Nagar, 4th stage,
Digitally signed by VIJAY KUMAR VERMA
East Main Road, Nanganallur, Chennai 600061
Mobile No.9869444751
Date: 2025.12.08 10:40:12+05'30'
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Email [email protected]
74. Chandrahas S Pawaskar
Son of Shivanand Pawaskar
Age 61 years
Retd. Scientific Officer (E), BARC,
Mumbai- 400 085
Residing at R No. 504, Galaxy
Avenue building Plot no. 88
Sector 22, Kamothe-410209
Mobile No.9920874003
Email [email protected]
75. Jaikaran
Son of Dulli
Age 64 Years,
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at Flat No. 103, Aakar Apartment,
Chitralaya, Boisar- 401 504
Mobile No. 9834013913
Email id. [email protected]
76. Sreeram Harinarayana Rao
Son of Sreeram Veeraiah
Age 60 years,
Retd. Scientific Officer (G), BARC,
Mumbai -400 085.
Residing at Flat No. 102, Virat Sai Towers,
Hanuman Nagar, 1st Lin, Grontla,
Gutur, Andhra Pradesh 522 034
Mobile No. 9869246185
Email id. [email protected]
77. Dr. Sulobh Kanti Das
Son of Late Jitendra Nath Das
Age 65 years,
Retd. Scientific Officer (F), BARC,
Mumbai -400 085
Residing at Orchid - D113,
Digitally signed by VIJAY KUMAR VERMA
Behind Jain Temple, Govandi (E),
Mumbai 400 088
Date: 2025.12.08 10:40:12+05'30'
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Mobile No. 9869965426
Email id. [email protected]
78. N. Satyanarayana
Son of N. Narsaiah,
Age 64 years,
Retd. Scientific Officer (G), BARC,
Mumbai - 400 085,
Residing at Flat No. 20105, Willow Block,
Indu Fortune Fields, Gardenia Appts.
KPHB 13th Phase, Kukatpally,
Hyderabad-500 085
Mobile No. 8297489322
Email Id. [email protected]
79. Paluru Mallikarjuna Rao
Son of Late P. A. Narayana
Age 62
Retd. Scientific Officer (F), BARC,
Mumbai -400 085
Residing at 10-208, Vasanthapuri Colony,
Malkajgiri, Hyderabad- 500 047
Mobile No. 9397857287
Email id. [email protected]
80. S. Ravi
Son of G. V. Sheshan
Age 62 years,
Retd. Scientific Officer (G), BARC,
Mumbai -400 085
Residing at 102/209, 11th Road,
Srinagar Building, Chembur,
Mumbai 400 071
Mobile No. 8169906854
Email id. [email protected]
81. S. Paul Helfins
Son of Swaminathan D.
Age 62 years
Retd. Scientific Officer (F), BARC,
Digitally signed by VIJAY KUMAR VERMA
Kalpakkam - 603 102
Residing at Plot No. 12,
Date: 2025.12.08 10:40:12+05'30'
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Annai Teresa Nagar, New Perungalathur,
Chennai 600 063,
Mobile No. 9444779498
Email id. [email protected]
82. Shyam Singh Phartyal
Son of Shir D. S. Phartyal,
Age 63 years,
Retd. Scientific Officer (G), BARC,
Mumbai - 400 085
Residing at 802, Blue Kites, Plot
No. 5, Sector 2A, Koparkhairne, Navi
Mumbai 400 709
Mobile No. 9819787459
Email id. [email protected]
83. Atul Tyagi
Son of Omkar Tyagi,
Age 62 years,
Retd. Scientific Officer (F), BARC,
Tarapur -401 502
Residing at Village & Post - Chudiyala
Mohanpur, Tehsil- Bhawanpur, Dist.
Haridwar, U.K. - 247 661
Mobile No. 9422677718
Email id. [email protected]
84. Haridas Vadakke Palazhi
Son of Chakkalakal Damodaran Nair
Age 63 years,
Retd. Scientific Officer (G), BARC,
Mumbai 400 085,
Residing at 604, Chembur Sursangeet
CHSL, Sangeetha - 2, Sion, Trombay
road, Diamond Green, Chembur 400 071
Mobile No. 9920034313
Email id. [email protected]
85. S. K. Ulhas
Son of Sankaranarayanan
Digitally signed by VIJAY KUMAR VERMA
Age 64 Years
Retd. Scientific Officer (F), BARC,
Date: 2025.12.08 10:40:12+05'30'
30
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Mumbai - 400 085,
Residing at Kolanthara House,
Edamuttam PO, Thrissur, Dist.
Kerala 680 586
Mobile No. 9645954737
Email id. [email protected]
86. Dr. (Mrs.) A. C. Mathew
Wife of Abraham Cherian
Age 65 years,
Retd. Scientific Officer (G), BARC,
Mumbai - 400 085
Residing at Flat No. 4, Anil Kunj,
B. G. Kher Road, Worli Naka,
Mumbai 400 018.
Mobile No. 8080442378
Email id. [email protected]
87. A. Subramanian
Son of A. Anavarathan
Age 64 years,
Retd. Scientific Officer (G), BARC,
Kalpakkam - 603 102
Residing at 23-A, Srikathinagar 4th street,
Tambaram (W), Chennai 600 045
Mobile No. 9442287592
Email id. [email protected]
88. Dr. Basavaraj Sivappa Kademani
Son of Shivappa Kademani
Age 65 years,
Retd. Scientific Officer (B), BARC,
Mumbai -400 085
Residing at Amarante CHS,
Flat No. 5/1604, 9E, Kalamboli,
Navi Mumbai Thane -410 218
Mobile No. 9987914993
Email id. [email protected]
89. Anis Ahmad
Digitally signed by VIJAY KUMAR VERMA
Son of Shabbir Ahmad
Age 65 years,
Date: 2025.12.08 10:40:12+05'30'
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Retd. Scientific Officer (F), BARC,
Mumbai 400 085
Residing at A/310. Krishna Tower,
Sector 5E, Opp. CIDCO Office,
Kalamboli, Navi Mumbai 410 218
Mobile No. 9757020189
Email id. [email protected]
90. Ramakrishnan P. Velayudhan
Son of Velayudhan P. R.
Age 63 years,
Retd. Scientific Officer (G), BARC,
Mumbai 400 085
Residing at Serena B 1504,
Casabella, Lodha Palava City,
Dombivali(E) 421 204
Mobile No. 9819256940
Email id. [email protected]
91. K. M. Hareendran
Son of M. P. Kunhikannan Nambiar
Age 62 years,
Retd. Scientific Officer (G), BARC,
Mumbai 400 085
Residing at 2A/53, Kalpataru Riverside,
Takka Panvel 410 206
Mobile No. 9820761992
Email id. [email protected]
92. Mungath Damodaran Nair
Son of Kattitta Muthu Nair
Age 64 years,
Retd. Scientific Officer (F), BARC,
Mumbai 400 085
Residing at 501 Siddhi CHS, Plot No. 55,
Sector 18, Kharghar - 410 210
Mobile No. 9869049446
Email id. [email protected]
93. Narendra Kumar Karnani
Digitally signed by VIJAY KUMAR VERMA
Son of Thakur D. Karnani
Age 65 years,
Date: 2025.12.08 10:40:12+05'30'
32
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Retd. Scientific Officer (G), BARC,
Mumbai - 400 085
Residing at 507, Sabri Sangam, Near
Govandi Station, Govandi East - 400 088
Mobile No. 9820097286
Email id. [email protected]
94. Vinod Prasad
Son of Prabhu Lal
Age 65 years,
Retd. Scientific Officer (E), BARC,
Mumbai -400 085
Residing at 704, Manit Apartment,
Hari Kripa CHSL, Near Karnataka School,
Opp. Ganesh Talav,
Chembur 400 071
Mobile No. 9969257913
Email id. [email protected]
95. Shanti Swaroop Mishra
Wife of Ram Swaroop Mishra
Age 64 years
Retd. Scientific Officer (E), BARC,
Mumbai 400 085
Residing at B-102, Hard Rock CHS,
Plot No. 6 to 10, Sector 7,
Kharghar 411 210
Mobile No. 9869328599
Email id. [email protected]
96. Gopi Nath Pandey
Son of Late Girza Prasad Pandey
Age 61 years,
Retd. Scientific Officer (G), BARC,
Mumbai 400 085
Residing at Row House, 03,
Soyuz Complex, Trombay,
Mumbai 400 083
Mobile No. 9167471563
Email id. [email protected]
Digitally signed by VIJAY KUMAR VERMA
97. Cyriac Kurian
Date: 2025.12.08 10:40:12+05'30'
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Son of Joseph Kurian
Age 63 years,
Retd. Scientific Officer (F), BARC,
Mumbai 400 085
Residing at W-202, Kukreja Estate CHS
Ltd. Plot No. 36, Sector 11, CBD Belapur
Navi Mumbai 400 614
Mobile No. 9869140447
Email id. [email protected]
98. Ram Uday Yadav
Son of Late Shri Rameshwar Yadav
Age 62 years,
Retd. Scientific Officer (G), BARC,
Mumbai 400 085
Residing at A/303, Silverline, Apt. Opp.
BBD University, GaneshpurRahmanpur,
Lucknow, U.P. 226 028
Mobile No. 9930346485
Email id. [email protected]
99. Vilas Harishchandra Patil
Son of Harishchandra H. Patil
Age 62 years.
Retd. Scientific Officer (G), BARC,
Tarapur - 388 180
Residing at Type-D, Bldg. No. 5, Flat No.
3, Anuvikas Township Tapp 3/4 Colony
Boisar
Mobile No. 9960465080
Email id. [email protected]
100. M. P. Soman
Son of M. P. Achutha
Age 62
Retd. Scientific Officer (G), BARC,
Mumbai - 400 085
Digitally signed by VIJAY KUMAR VERMA
Residing at KaninaduPisharam PO-
Kaninadu via Vadavucoede, Ernakulam,
Date: 2025.12.08 10:40:12+05'30'
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Kerala -682 310
Mobile No. 9969285210
Email id. [email protected]
101. Alok Kumar Mathur
Son of Late Krishna Kumar Mathur Age 61,
Retd. Scientific Officer (G), DCSEM, DAE, Anushakti
Nagar, Mumbai, Maharashtra 400 085.
Residing at A-903, Maitri Bhoomi, Plot
No. 46, Sector - 10, Kamothe, Navi
Mumbai - 410 209
Mobile No. 9869601393
Email id. [email protected]
102. Ashok Kumar Jain
Son of Shri. Babu Lal Jain
Age 64 years,
Retd. Scientific Officer (G), DCSEM, DAE,
Anushakti Nagar, Mumbai,
Maharashtra 400 085 Mumbai,
Residing at Flat No. O-504, Haware Glory,
CHS, Plot No. 52, Sector 20, Kharghar,
Navi Mumbai 410 210
Mobile No. 9869414533
Email id. [email protected]
103. Anil Bajpai
Son of Late Shri. M. C. Bajpai Age 65 years,
Retd. Scientific Officer (G), BARC,
Mumbai 400 085,
Residing at C-1601, Michelangelo,
Lodha Priva Complex, Majiwada, Thane.
Mobile No. 7506578938
Email id. [email protected]
....Applicant
(By Adv: Shri Vishal Shirke)
VERSUS
1. Union of India
Digitally signed by VIJAY KUMAR VERMA
Through the Secretary,
Department of Atomic Energy
Date: 2025.12.08 10:40:12+05'30'
35
OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
Anushakti Bhavan,
Chhatrapati Shivaji Maharaj Marg
Mumbai - 400 001
2. The Director,
Bhabha Atomic Research Centre (BARC),
Central Complex,
Trombay, Mumbai - 400 085
.. Respondents
(By Adv: Shri N.K. Rajpurohit)
ORDER
Per : Umesh Gajankush, Member (J)
The present order shall also govern the disposal of all the three Original Applications i.e. OA No. 764/2023, OA No. 765/2023 & OA No. 546/2019 as in all the aforesaid three Original Applications common order, i.e. OM dated 13.06.2017 and OM dated 03.08.2020, are under challenge at the instance of the applicant/applicants. For brevity, facts as stated in the Original Application No. 546/2019 are taken into consideration.
2. Brief facts of the case are that the Applicant No. 1 is the President of an Association, constituting Scientific and Technical Officers (Both Scientists and Engineers) of the Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' B.A.R.C. under D.A.E., being an Association named as 36 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Bhabha Atomic Research Centre Officers' Association hereinafter referred to as BARCOA, duly registered under the Bombay Public Trusts Act, 1950 vide no F-3630 and the Bombay Societies Registration Act, 1860 vide no 72/70 GBBSD. Applicant No.2 is the Joint Secretary of the said Association (BARCOA). Applicants further state that in its Managing Committee meeting held on 22.04.2019, the Applicant No. 1 association has taken a unanimous decision to invoke the jurisdiction of this Hon'ble Tribunal in the present O.A.
3. It is also submitted that the question of providing incentives to Scientists/Engineers in the Department was examined by the Government keeping in view the role played by them in the development of high technology and system for strategic application on account of successful scientific experiments popularly known as Pokhran-II in 1998, the Government of India by way of a gesture of gratitude for Scientists/Engineers of the R&D Establishment viz. DAE, DOS (ISRO) & DRDO, issued an Office Memorandum being DAE No.1/2/99-SC/113 dated 03.02.1999, conveying the Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' approval of the President of India for providing incentives to 37 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Scientists / Engineers in the Department of Atomic Energy, Department of Space (ISRO) and DRDO in order to attract, retain, inspire and motivate them to give their best contributions.
3.1. The Applicants submit that identical OMs were issued by DRDO and the ISRO. This award of additional increments being two in number was to be given to Scientific/Engineers in grades, SD (Pay scale Rs. 10000-15200), SE (Pay scale Rs. 12000-16500, SF (Pay scale Rs. 14300-18300) and SG (Pay scale 16400-20000) with effect from 1.1.1996 after their normal fixation as can be seen from the OM itself. The Applicants respectfully submit that in the decision of the Union Cabinet, there was no intent to exclude from consideration these two increments for the purpose of grant of entitlements like DA, HRA and other allowances, pay fixation on promotion, PRIS and retirement benefits. However, the scope and benefit of the above OM was taken away under the guise of clarification O.M. DAE No. 1/2/99- SCS/436 dated 4/6/1999 that additional increments sanctioned will not be taken into account for fixation of pay Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 38 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 on promotion in respect of grades of Scientists/Engineers SD, SE, SF and SG or for DA, HRA etc. 3.2. It has been mentioned that curtailing the payment of the abovementioned allowances is wrong, as Presidential order cannot be varied without the specific sanction of the President. It would be abundantly clear for a man of ordinary prudence having a reasonable understanding of service jurisprudence that deleting these two increments for the purpose of grant of entitlements would in effect, willy-nilly negate the very benefit of increment granted to the employees as unless emoluments are directly connected with the National Consumer price Index, it would be impossible for a Central Government servant living within his legitimate means to meet his ends. Despite the aforesaid, the Department of Atomic Energy issued an OM being DAE No.1/2/99-SCS/436 dated 04.06.1999 whereby the benefit of the two increments granted vide OM dated 03.02.1999 for the purpose of calculation of DA, HRA, fixation of pay on promotion and retirement benefits, PRIS etc., thereby more or less rendering the OM dated 03.02.1999 otiose. Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 39 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023
4. It is further sumitted that BARC is a constituent unit of DAE, which is engaged in the design, construction and operation of nuclear power/research reactors and the supporting nuclear fuel cycle technologies covering exploration, mining and processing of nuclear minerals, production of heavy water, nuclear fuel fabrication, fuel reprocessing and nuclear waste management. The department needs talented scientific graduates in various fields to achieve energy security, food security and national security.
5. Applicants further submitted that their Association vide its letter No. BARCOA/99/14 dated 24.06.1999 took up the issue of non-inclusion of the two increments for the purpose of calculating other emoluments.
6. The issue was once again taken up by the President of BARCOA on 20.07.2011 after dismissal of SLP by Hon'ble Supreme Court which paved the way for granting all benefits on two additional increments to Scientists/Engineers of ISRO. The issue was further taken up by the BARCOA after the ISRO granted the said benefits to its employees, of Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 40 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 course, as a consequence of protracted litigation which is ended up in the Hon'ble Apex Court.
7. Aggrieved by the action of the Respondents in not treating the two additional increments as 'Pay' for any purposes, the Applicants approached this Tribunal by filing OA No. 82 of 2016 challenging the OM dated 04.06.1999 and seeking treatment of two increments as 'Pay' for all purposes including DA, HRA, fixation of Pay on promotion, retirement benefits and performance related incentive scheme. During pendency of OA No. 82 of 2016, Respondent No. 1 issued OM dated 13.06.2017 modifying inter alia OM dated 04.06.1999 and it was decided that two additional increments granted to Scientists / Engineers in Grade of 'D', 'E', 'F' and 'G' of Department of Atomic Energy shall be treated as 'Pay' for the purpose of DA, HRA and Pension and Pensionary benefits w.e.f. 01.01.1996 not only for Petitioners but also all similarly placed Scientists/Engineers. It is however directed that the said two additional increments shall not be merged with pay and shall be kept separately. The said OM was shown to have been issued with the concurrence of Member Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' for Finance, AEC. While OM dated 13.06.2017 sought to 41 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 partially redress the grievance of the Applicants, it illegally discontinued the scheme for grant of two additional increments for promotion from SO-C to SO-D after the date of issue of OM. The same also sought to freeze the value of additional increments and directed that the same shall not be enhanced upon promotion. The OM also did not treat two additional increments as Pay for the purpose of Performance Related Incentive Schemes. Thereafter, the applicants filed M.A. No. 401/2018 for challenging the OM dated 13.06.2017 by amending the Original Application. However, by order dated 25.03.2019, this Tribunal disposed of the aforesaid Original Application No. 82/2016 with liberty to the applicant to file a fresh Original Application for challenging the OM dated 13.062017.
8. It is submitted during the pendency of the present original application OM dated 03.08.2020 was issued by the respondent No. 1 discontinuing the scheme for grant of two additional increments in its entirety, that is, even in respect of promotions to the post of Scientific Officer 'D', 'E', 'F' and 'G' with effect from 13.06.2017. The said OM dated Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 03.08.2020 refers para 5 and 6 of OM dated 13.06.2017, 42 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 stating that in respect of promotions to the grades of Scientific Officer 'D', 'E', 'F' and 'G' two additional increments were to kept separately and were not to be enhanced upon promotion and that the same would be merged with the basic pay upon cessation of service for calculation of retirement/pensionery benefits. The OM dated 03.08.2020 further states that there is a variation in the implementation of the advice of the Ministry of Finance in the Department of Atomic Energy and the Department of Space, which necessitates further consultation with the Ministry of Finance.
9. It is further stated that the Ministry of Finance has reiterated in the advice to discontinue with immediate effect the scheme to provide two additional increments in respect of all promotions to take place in future. It is further stated that the instructions in Para 5 and 6 of DAE OM dated 13.06.2017 are not in sync with the advice of the Ministry of Finance. The OM further states that with a view to set right the anomaly in implementation of the advice of the Ministry of Finance dated 19.05.2017, it is decided to withdraw the Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' scheme of two additional increments to Scientists/ 43 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Engineers in the Grade of 'D', 'E', 'F' and 'G' in its entirety with effect from the date of issuance of OM dated 13.06.2017. Para 5 of OM dated 13.06.2017 further directs that the payment made to all eligible officers viz. Scientists /Engineers in the grade 'D' to grade 'G' from 13.06.2017 till the date of issue of OM dated 03.08.2020 shall be recovered in convenient instalments.
10. It is stated that, as a matter of fact OM dated 13.06.2017 is actually beneficial instructions which sought to redress the main grievance of the Scientific Officers to treat two additional increments 'Pay' for the purpose of dearness allowance, house rent allowance, pension and pensionary benefits, etc. w.e.f. 01.01.1996. Thus, it is not that the scheme for grant of two additional increments was introduced by OM dated 13.06.2017. All that the said OM dated 13.06.2017, was to treat the said two advance increments already granted in terms of OM dated 03.02.1999 as 'Pay' for various purposes. The said OM dated 13.06.2017 did seek to cause some collateral damage to the Applicants, essentially in the matter of discontinuation of Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' the scheme for grant of two additional increments for 44 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 promotions from Scientific Officer 'C' to Scientific Officer 'D'. However, it cannot be stated that by any stretch of imagination that OM dated 13.06.2017 was in any manner a fountain source of grant of two additional increments in respect of promotions of Scientific Officer 'D', 'E', 'F' & 'G'. When OM dated 13.06.2017 never conferred or created any right in favour of Scientific Officers promoted to the grade of Scientific Officer 'D', 'E', 'F' & 'G', there is no question of issuing any clarification to the OM dated 13.06.2017 and under that garb, withdraw the entire scheme of such grant of additional two increments to Scientific Officer 'D', 'E', 'F' & 'G'.
11. It is stated that the scheme of grant of two additional increments was introduced in OM dated 03.02.1999 in pursuance of decision of Union Cabinet / President of India. Since the decision to grant such two additional increments was taken by Union Cabinet / President of India, as the said authority has alone power to modify/rescind the same. Neither Ministry of Finance nor Respondent No. 1 can discontinue the scheme of two additional increments under Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' the garb of any advice or clarification. The Applicants have 45 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 already contended in the Original Application that even in respect of discontinuation of the scheme of grant of two additional increments for promotion of Scientific Officer Scientific Officer 'D', no proposal was ever put before the Union Cabinet / President of India but much less the said authority approved discontinuation of the scheme. The impugned OM dated 03.08.2020 is issued merely on the basis of some unspecified advice /clarification of Ministry of Finance (without disclosing its details), Therefore there is no question of putting the proposal of discontinuation of scheme for grant of two additional increments for promotions to Scientific Officer 'D', 'E', 'F' & 'G' before the Union Cabinet / President of India or such authority approving such proposal. The said Note specifically directed that the DAE may seek approval of the Cabinet for discontinuance of the scheme. However, no such approval of the Cabinet is taken. Thus, both the OMs dated 13.06.2017 as well as 03.08.2020, to the extent of withdrawal of the scheme for grant of additional increments either partially or entirely are absolutely illegal.
Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 46 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023
12. It is submitted that the impugned OM dated 03.08.2020 seeks to retrospectively discontinue the scheme for the grant of two additional increments in entirety. The decision to withdraw the scheme is shown to have been premised on 'reiteration' of advice of Ministry of Finance to discontinue 'with immediate effect' the scheme in respect of promotions to take place in future. Thus, reiteration must have been done by the Ministry of Finance after issuance of OM dated 13.06.2017 when alleged consultations were made by the DAE with the Ministry of Finance after noticing the alleged variation in two different departments. As per para 3 of OM dated 03.08.2020, the discontinuation was to be 'with immediate effect' and 'in respect of all promotions to take place in future'. It is therefore not understood as to how the scheme could be withdrawn retrospectively w.e.f. 13.07.2017. Consequently, OM dated 03.08.2020 is wholly erroneous and deserves to be quashed and set aside.
13. It is further stated that even otherwise, the drawer of increments by the members of the applicants' association was not in pursuance of any misrepresentation. It is the Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' respondents, who on their own, granted such additional 47 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 increments. Therefore, there is no question of making any recovery from the members of the applicants' association. It is stated that the Hyderabad Bench of this Tribunal has already granted interim order dated 02.09.2020 in Original Application No. 84/2020 (Sanjay Singh Vs. Department of Atomic Energy). Accordingly, on the facts and grounds mentioned in the Original Application, the applicants have prayed for quashment of the impugned OMs.
14. After Notices, the official respondents have filed their reply and contested the Original Application. It is contested that Applicant's Association is seeking relief on behalf of its members totalling 2415 (page 21 to page 72 of the OA) who are working in the different grades of pay in the cadre of Scientific Officers. At the outset, it is submitted that the present OA has been filed by the President and the Joint Secretary of Bhabha Atomic Research Centre Officers' Association, herein after referred to as BARCOA, on 23.04.2019. However, as per the Department of Atomic Energy (DAE) ID Note No.8/3/2012/- IR&W/14437 dated 19.11.2018 (EXHIBIT R-1), BARCOA has been de-recognized Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' w.e.f. 26.02.2018. Hence, Applicants have no locus-standi to 48 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 file an Application before this Tribunal after the date of de- recognition of the Applicant's Association w.e.f. 26.02.2018 and thus the same is liable to be dismissed in limine.
15. It is also objected that Section 20 of the Administrative Tribunals Act 1985, provides that the "Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievance. The Applicants have not availed of all the remedies available to them in the Department under the relevant service rules for redressal of grievances. Thus, the Applicants have directly approached the Hon'ble Tribunal without exhausting the departmental remedies and hence this OA is liable to be dismissed on this ground.
16. The Respondents submitted that the Hon'ble CAT, Mumbai vide Order dated 25.03.2019 in OA No. 82/2016 filed by the Applicants, i.e. BARCOA; had granted liberty to file a fresh application subject to the condition they file such an application within 03 weeks of receipt of a certified copy of the said order dated 25.03.2019. However, the present OA Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' No. 546/2019 has been filed on 12.07.2019 i.e. after the 49 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 period of 3 weeks from 04.04.2019. Hence, the OA has been filed after the limitation period and thus liable to be dismissed on this ground.
17. The respondents have submitted that for a proper appreciation of the issues involved in the case, the brief history of the Respondent Department is that Department of Atomic Energy, herein after referred to as DAE, is engaged in the design, construction and operation of nuclear power/research reactors and the supporting nuclear fuel cycle technologies covering exploration, mining and processing of nuclear minerals, production of heavy water, nuclear fuel fabrication, fuel reprocessing and nuclear waste management. The Department needs talented scientific graduates in various fields as above to achieve energy security, food security and national security. In order to encourage, motivate the Scientists/Engineers to play a vital role in the Nuclear Power Programme of this Department and in the development of high technology and systems for strategic applications, the Department has introduced various incentives to in-service Scientists/Engineers for Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 50 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 utilizing them at optimum level in the activities of the Department.
18. It is stated that Bhabha Atomic Research Centre, herein after referred to as BARC, is a premier multi disciplinary Research and Development Organization under the Department of Atomic Energy, Government of India, engaged in scientific research with the objective of generating knowledge and techniques of nuclear power production, advancement of science, use of Radioisotopes in industry, health and agriculture as well as research in frontier areas of science and technology. This includes development of various types of accelerators for nuclear studies, medical applications, bio-technology, food preservation, non-destructive testing and pursuing scientific programmes of our country.
19. The respondents have further stated that Government of India, Department of Atomic Energy has issued an Office Memorandum No.1/2/99-SCS/113 dated 03.02.1999 (Annexure-A-4) providing for incentives by way of two additional increments to Scientists in the pay scale of Rs. Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 10,000 to 15.200/- (SO-D); Rs.12,000 to 16,500/- (SO-E); 51 OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023 Rs.14,300 to 18,300/- (SO F) and Rs.16,400 to 20,000/- (SO-G) with effect from 01.01.96 after their normal pay fixation, keeping in view the role played by them in the development of high technology and systems for strategic applications and in order to attract, retain, inspire and motivate them to give their best contributions. Subsequently, the Department of Atomic Energy issued an Office Memorandum No. 1/2/99-SCS/436 on 04.06.1999 (Annexure A-5) clarifying therein that the Additional Increments are to be treated separately and not to be merged with the basic pay fixed under normal rules.
20. The respondents have submitted that aggrieved with the clarificatory OM dated 04.06.1999 issued by DAE, some of the scientists of Nuclear Fuel Complex(NFC), which is one of the constituent DAE Units, filed OA Nos. 288/2013, 964/2013, 802/2013, 184/2013, 844/2013 before Hon'ble CAT, Hyderabad Bench which have been allowed by Hon'ble Tribunal vide its judgments dated 20.11.2014 with the direction to the Departments to comply with the judgment within a period of three months i.e. counting of two Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' additional increments as pay for payment of DA, HRA and 52 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Pension and pensionary benefits. Similarly, many scientists of DAE had also filed OA before various Benches of the Tribunal.
21. The respondents have further submitted that since DOS vide its OM dated 20.01.2014 have already been granted counting of two additional increments as pay for the purpose of DA, HRA and pension and pensionary benefits to all similarly placed individuals in pursuance to Supreme Court orders and in the judgments dated 20.11.2014 passed in OA Nos.288/2013, 964/2013, 802/2013, 184/2013, 844/2013 and the Ministry of Finance's approval, it is felt appropriate to grant the same benefits to all the similarly placed Engineers/Scientists of the DAE. Accordingly, DAE with the concurrence of Member for Finance of DAE, vide impugned Order dated 13.06.2017 communicated that the two additional increments granted to all Scientists/Engineers (recruitees/promotes) in the grade of 'D', 'E', 'F' and 'G' of DAE shall be treated as "Pay" for the purpose of Dearness Allowance, House Rent Allowance and Pension & Pensionary benefits w.e.f. 01.01.1996 not only for Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' petitioners, but also for all similarly placed 53 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Scientists/Engineers. However, the two additional increments shall not be merged with pay and the same are to be kept separately.
22. It is submitted by the respondents that the DAE also sanctioned Professional Update Allowance of Rs. 5,000/- per annum w.e.f. 01.01.1996 to the aforesaid Scientists and Engineers in the grade of SO/C and above from the financial year 1998-1999 onwards to enable them to keep themselves abreast of the latest developments in their respective field of specialization and subscribe to professional journals and renew membership of professional organization and subsequently substantially enhanced the rate of Professional Update Allowance to the aforesaid categories of Scientists and Engineers and protected the allowances with Dearness Allowances (DA) as per the recommendations of Sixth CPC. Also, the rate of Professional Update Allowance underwent enhancement upon the implementation of 7th CPC pay structure to the aforesaid Scientists and Engineers.
23. Further, DAE has always been categorized as mission- mode R&D organization based on its track record, Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' performance, innovations and realization of strategic 54 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 programmes. Based on the recommendations of the Sixth Central Pay Commission, Performance Related Incentive Scheme (hereinafter referred to as PRIS) was introduced in this Department, keeping in view the need to reward the performance of the organizations and personnel in realizing its objectives vide DAE OM No.1/1(5)/2009-SCS/284 dated 05.05.2009 (Annexure A-10). These incentives are paid in addition to the salary and wages depending upon measurable/quantifiable targets. PRIS is treated as a separate element which is not merged with basic pay for determining any other component such as DA, HRA, Transport Allowance, Pension, etc. The introduction of PRIS resulted in substantial hike of the take home pay of the aforesaid Scientists and Engineers to the tune of approximately 40% of the 6th CPC pay structure. Further, with the implementation of 7th CPC, the same percentage of Performance Related Incentive Scheme (PRIS) was allowed to be retained and continued as per the 7th CPC revised pay structure, which amounted to be quite substantial.
24. It is further submitted that under these circumstances, Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' the Department has decided to consider withdrawing the two 55 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 additional increments granted to the aforesaid Scientists and Engineers w.e.f. 01.01.1996 vide the impugned Order No.4/4/2011-SCS/Vol.III/7809 dated 13.06.2017, duly advised by the Finance Ministry and in concurrence with Member for Finance, Atomic Energy Commission, in view of the fact that PRIS had already been implemented in a decade back and as such there was no need to retain these two additional increments henceforth.
25. Respondents have further submitted that the Applicants were aggrieved by the discontinuation of the scheme of two increments and therefore, they have filed the present OA. The Applicants have not only suppressed the series of the benefits that they have received over a period of time but also failed to state that they continue to enjoy the benefit of already discontinued two increments to be kept separately (without enhancement on their further promotion) and to avail of pensionary benefit on the same at the time of cessation of their services.
26. It is further submitted that DAE is within its competence to regulate the condition of services of its staff Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' as per Rule 5 of the Government of India Allocation of 56 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Business Rules. Further, it is a matter of Government policy implemented in concurrence with Member for Finance, AEC. The Member for Finance, AEC is an institutional and special arrangement in DAE which functions in lieu of Ministry of Finance of the Government of India. The Respondents therefore, denies the Applicant's allegation of violating any Constitutional provision in the matter. All the three Departments concerned were issued separate orders in the year 1999 giving effect to two additional increments to their Scientists/Engineers.
27. Further, additional reply dated 24.11.2020. rejoinder dated 14.12.2020 and Sur-Rejoinder dated 05.01.2021 have been filed by the applicants and the respondents, respectively, supporting and elaborating their stand.
28. We have heard learned counsels for the parties and perused the records.
29. Shri Vishal Shirke, learned counsel for the applicant vehemently argued that OM dated 03.02.1999 was issued by the Government of India, Department of Energy providing Digitally signed by VIJAY KUMAR VERMA incentive to Scientists/Engineers in the department keeping Date: 2025.12.08 10:40:12+05'30' 57 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 in view the role played by them in the development of high technology and system for strategic applications, taking all the relevant factors into account and in order to attract, retain, inspire and motivate the Scientists/Engineers to give their best contributions. The President was pleased to sanction the aforesaid benefit, however, while issuing the impugned office memorandum dated 13.06.2017 (Annexure- A/1) by which the aforesaid scheme was discontinued with immediate effect without the orders of the Hon'ble President. In fact, prior to issuance of OM dated 13.06.2017, the matter was never placed before the Cabinet and therefore, according to the learned counsel for the applicant, respondent No.1 had no authority or jurisdiction to discontinue the benefits which was granted in terms of OM dated 03.02.1999. Further, during the pendency of the present OA, another OM dated 03.08.2020 was issued by respondent No.1 and under the garb of clarification, it was clarified that the Department is withdrawing the scheme of two additional increments granted to Scientists/Engineers in its entirety with effect from 13.06.2017 and the payments granted from Digitally signed by VIJAY KUMAR VERMA 13.06.2017 onwards till date of issue of OM dated Date: 2025.12.08 10:40:12+05'30' 58 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 03.08.2020 are shown to be recoverable from the officers from scientists/engineers.
30. It is submitted that when the Department itself has extended the benefit and there was no misrepresentation at the instance of the applicant association or its members, then there is no valid ground available to respondent No.1 to make any recovery. Under these circumstances, OM dated 13.06.2017 and 03.08.2020 are liable to be quashed.
31. It is further submitted that the two additional increments granted to the applicant in terms of OM dated 03.02.1999 was to be treated as "pay" for all purposes including pensionary benefits and said aspect has already attained the finality on the basis of judgement of the Hon'ble Supreme Court, Hon'ble High Court of Kerala and thereafter the respondents have included the said benefit as 'pay' for all purposes.
32. Learned counsel for the applicant has drawn our attention to the Note Sheet dated 19.05.2017 (Annexure- R/8) to show that after consideration of matter by the Digitally signed by VIJAY KUMAR VERMA Department of Expenditure, it was observed that the Date: 2025.12.08 10:40:12+05'30' 59 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 department may also seek approval of the cabinet for the purpose. However, prior to the issuance of the impugned OM dated 13.06.2017, no such approval was ever been granted by the cabinet and therefore, the impugned OMs are unsustainable in the eye of law.
33. During the course of the argument, the learned counsel for the applicant while referring to judgment of the Hon'ble Kerala High Court in W.P. (C) Nos. 29358, 29710 & 31525 dated 18.01.2007, argued that it was specifically observed by the Hon'ble Kerala High Court in paragraph No. 8 that the Presidential order cannot be varied without the specific sanction of the President and further along with list of dates and events submitted by the applicants, he has placed copy of order dated 20.11.2014 of the Central Administrative Tribunal of Hyderabad Bench in case of M.V.K. Sastry & Ors Vs. Union of India and Ors., order passed by Hon'ble High Court of Kerala, Union of India versus M. Srinivasan and others.
34. On the other hand, Shri N.K. Rajpurohit, learned counsel from the respondents vehemently argued that the Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' Applicant Association has been de-recognized with effect 60 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 from 26.02.2018 and therefore, the Applicant Association have no locus standi to the present O.A. and the same is liable to be dismissed only on this ground. Further, in earlier round of litigation in OA No. 82/2016, while passing order dated 25.03.2019, this Tribunal was pleased to grant liberty to the applicants to file Original Application within a period of 03 weeks from 04.04.2019, whereas present original application is filed on 12.07.2019 and therefore, on this ground also, the Original Application is liable to be dismissed.
35. On merits, on the basis of reply, it is submitted that prior to issuance of OM dated 13.06.2017, due procedure was followed by the Department of Energy and similar process was adopted while issuing the OM dated 03.08.2020. It is submitted that, in fact, the employees of BARC have been given various other benefits, as per the reply. However, the same has been suppressed by the applicants. It is further submitted that the OM dated 13.06.2017 and 03.08.2020 were issued by Respondent No. 1, which is a policy decision of the Department and same Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' cannot be interfered with by this Court. To support aforesaid 61 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 contentions, the learned counsel for the Respondent has placed reliance on the following judgments.
i. Shri Sitaram Sugar Company Limited and another versus Union of India and others, reported in 1959 (1990) 3 SCC 223. ii. Nand Lal & Ors. Vs. State of Jammu & Kashmir And Anr, reported in 1959 SCC Online J&K 7 iii. Ekta Shakti Foundation versus Government of NCT of Delhi, reported in (2006) 10 SCC 337 iv. The Chairman, Railway Board, New Delhi and versus Registrar, Central Registry Tribunal, Chennai, decided on 23.04.2022 by the Hon'ble High Court of Madras, v. Mahadeo & Ors Vs. Smt. Sovan devi & Ors. Reported in 2022 LiveLaw (SC) 730.
vi. Asif Hameed Vs. State of J & K reported in (1989) 3 SCR. vii. Order passed by Hyderabad Bench (circuit siting at Vijaywada) of the Central Administrative Tribunal in OA No. 020/586/2018 dated 19.03.2025 in Sanjay Singh Vs. Union of India..
36. It is further submitted that as per Rule 5 of the Allocation of Business Rules, which are framed under Article 77 of the Constitution of India, Department of Energy has the authority to issue a memorandum in question. Further, it is submitted that vide the impugned OMs, the earlier scheme was only discontinued, meaning thereby, from 03.02.1999 till 13.06.2017, the every eligible Scientist/Engineer was given the benefit in terms of OM dated 03.02.1999, which was extended taking into Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 62 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 consideration the factors and situations available at that point of time And the applicant association or its members and other individual applicants cannot claim such a benefit in perpetuity. Lastly, it is submitted that, in fact, the coordinate Bench of the Central Administrative Tribunal, Hyderabad, has considered the validity of impugned OMs dated 13.06.2017 and 03.08.2020 in O.A. No. 586/2018 (Sanjay Singh Vs. Union of India) and O.A. No. 484/2020 (Sanjay Singh Vs. U.O.I. & Ors.) decided on 19.03.2025 by upholding the Office Memorandums, dismissed the Original Applications.
37. It is contended that all the grounds raised by the applicant in the present Original Applications were raised before the Hon'ble Hyderabad Bench also and therefore, there is no ground available for this Bench to take different in the present Original Applications and the same are liable to be dismissed.
38. In reply argument, Shri Shirke vehemently argued that merely on the basis of the derecognition by the department, it cannot be said that the present Original Application is not Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' maintainable at the instance of the Applicant Association. It 63 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 is submitted that the applicant association still registered duly registered under the Bombay Public Trusts Act, 1950 and the Bombay Societies Registration Act, 1860.
39. In reply argument, learned counsel for the applicant vehemently argued that even association representing the persons is competent to file Original Application before this tribunal under Rule 4(5)(b) of the Central Administrative Tribunal (Procedure) Rules 1987.
40. Therefore, taking note of the aforesaid provision and the facts that the legality and propriety of impugned OM dated 13.06.2017 and OM dated 03.08.2020 has already been dealt with by the Coordinate Bench (Hyderabad Bench), vide its order dated 19.03.2025 contentions of the respondents in this regard is rejected.
41. So far as merits is concerned, as rightly pointed out by the learned counsel for the Respondents that the OM dated 13.06.2017 and 03.08.2020 were subject matter of challenge before the coordinate Bench (i.e. Central Administrative Tribunal, Hyderabad Bench) in two cases i.e. O.A. NO. Digitally signed by VIJAY KUMAR VERMA 484/2020 and OA No. 586/2018. For reference it will be Date: 2025.12.08 10:40:12+05'30' 64 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 useful to refer following relevant paragraphs of the order dated 19.03.2025 of OA No. 484/2020 which reads as under:
"4. The applicant has further submitted that he along with other 40 co-applicants in O.A. No. 1414 of 2015, were issued arrears twice (1st time in March 2016 and next in December 2017), but, the payments were not being made on monthly basis. The GDI DAE, has issued OM No. 4/4/2011- SCS/Vol.III/7809 dated 13.06.2017 with the following points:
i) Para 3 of the OM states that "In modification of para (ii) of the Department's OM No. 1/2/99-
SCS/113 dated 03.02.1999, para 2.1 and 2.4 of OM No. 1/2/99-SCS/436 dated 04.06.1999 and para 2 of OM No. 1/2/99-SCS/90 dated 29.10.2001, it has been decided in the Department that the two additional increments granted to scientists / engineers in the grade of 'D', 'E', 'F' and 'G' of Department of Atomic Energy shall be treated as 'Pay' for the purpose of Dearness Allowance, House Rent Allowance and Pension & Pensionary benefits w.e.f. 01.01.1996 not only for petitioners, but also for all similarly placed Scientists / Engineers. However, the two additional increments shall not be merged with pay and the same may be kept separately. This has the concurrence of Member for Finance, AEC."
ii) Para 4 of the OM states that "The benefits of two additional increments for the promotion SO/C to SO/D after the date of this OM will not be allowed as the scheme is discontinued with immediate effect."
iii) Para 5 of the OM states that "Tow additional increments already granted for the grades SO/D, SO/E, SO/F & SO/G as per OM dated 03.02.1999 Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' and 29.10.2001 before the date of this OM shall 65 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 continue and kept separately and will not be enhanced upon promotion. The same shall not count for pay fixation benefits. Two additional increments granted in the post of SO/G prior to date of this OM shall not be continued on promotion to the Grade of SO/H."
iv) Para 6 of the OM states that "Two additional increments so kept separately will be merged with basic pay upon cessation of service for the purpose of calculation of all retirement/pensionary benefits." At that stage, questioning the impugned proceedings dated 13-06-2017, he applicant filed OA No.586/2018, which is pending final hearing. While the matter stood thus, the impugned Office Memorandum No.4/4/2011- SCS/Vol.VI/5157 dt.03-08-2020, is issued by the 1"
Respondent to the effect that the Finance Department advised to discontinue with immediate effect the scheme of providing two additional increments in respect of all promotions to take in future, when the administration re- consulted the Finance Department.
As such, under the impugned proceedings and to set right the alleged anomaly in implementing the Finance advice dt.19-05-2017, the administration decided to withdraw the scheme in entirety under OM dated 13-06-2017, which is impugned in this OA.
5. The applicant has contended that the Department having taken three years time to give effect to the Finance advice dt.19-05-2017, issued the present proceedings dt.03-08-2020, ordering recovery of the amounts from 13- 06-2017, which is arbitrary and illegal. The respondents have paid these amounts basing on their own proceedings and basing on decisions of Kerala High Court, and they cannot withdraw the benefit retrospectively, and order recovery. Further, they wish to recover the amounts from this month onwards by showing an acquaintance. Hence, he has filed this OA, seeking the above relief.
6. After notice, the respondents appeared through their counsel and filed a reply statement. In the reply, they have Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' taken the primary objection that the applicant has not 66 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 made any proper representation pertaining to his grievance, to the Departmental Grievance Officer, before approaching this Tribunal. Thus, the applicant has not exhausted all the remedies on the matter, before approaching this Tribunal, after the issue of impugned order dated 3.08.2020. Therefore, the OA filed, is against Section 20 of the Administrative Tribunals Act, 1985, and premature, and the same is to be dismissed on this ground alone.
7. The respondents have further submitted that the Cabinet in its meeting held on 26.10.1998, approved grant of two additional increments for Scientists/Engineers (recruitees/promotes) in the pre-revised scales of 10000- 15200, Rs.12000-16500, Rs.14300-18300 and Rs.16400- 20000 in the Department of Atomic Energy (DAE), Department of Space (DOS) and Defence Research Development Organization (DRDO) w.e.f 01.01.1996 after their normal fixation, along with other incentives. Accordingly, the Department, vide OM dated 03.02.1999, issued sanction for grant of two additional increments for Scientists /Engineers in the grade of SO/D to SO/G w.e.f. 01.01.1996. Initially, two additional increments were not intended to be part of pay and not treated as pay for the purpose of DA, HRA, Pension & Pensionary benefits. In response to certain doubts raised, the Department issued clarification vide OM dated 04.06.1999 (Exhibit No. R-2) and subsequent OM dated 29.10.2001 (Exhibit No. R-3) in consonance with the order issued by Department of Space (DOS) & DRDO as the two additional increments would not be treated as pay. Aggrieved with the above clarification from DOS, some of the retired Scientists/ Engineers of DOS, filed O.As. before the CAT, Ernakulam Bench questioning the authority/power of the DOS in issuing the above mentioned clarification on presidential sanctions. The Tribunal dismissed the respective OAs, and held that DoS was competent to issue such clarifications and regulate such monetary incentives.
Hence, the applicants in the respective OAs filed W.Ps before Hon'ble High Court of Kerala at Ernakulam, and prayed for counting of the additional increments as pay Digitally signed by VIJAY KUMAR VERMA for the purpose of DA, HRA and Pension & pensionary benefits. The Hon'ble High Court of Kerala, quashed the Date: 2025.12.08 10:40:12+05'30' 67 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 orders of the Tribunal by a common order dated 18.01.2007. Since the order passed by Hon'ble High Court of Kerala, was against the statutory provisions of FR and CCS (Pension) Rules, 1972, the DoS in consultation with M/o Law & Justice, D/o Legal Affairs, New Delhi and DP&PW, challenged the order dated 18.01.2007 of Hon'ble High Court of Kerala, and the order dated 03.08.2012 of Hon'ble High Court of Uttarakhand, through SLP Nos. 555-560/2008 and 18942/2013 respectively, before Hon'ble Supreme Court of India. The Hon'ble Supreme Court of India, vide its order dated 04.04.2011, dismissed the SLP No. 555-560/2008, and upheld the order of Hon'ble High Court of Kerala order dated 18.01.2007. Another SLP No. 18942/2013 was also dismissed by Hon'ble Supreme Court of India upholding the order of Hon'ble High Court of Uttarkhand. Hence, DOS filed review petition (C) No(s) 1848-1843 of 2011 in SLP No. 555-560/2008 before the Hon'ble Supreme Court of India. This was also dismissed by Hon'ble Supreme Court of India. Since there was finality on this issue and in view of the contempt petition filed by the Applicants, the DoS implemented orders of Hon'ble High Court of Kerala and Hon'ble High Court of Uttarakhand in respect of petitioners only. Further, the DoS had sought approval of M/o Finance for extending benefits of the orders of the Hon'ble High Court of Kerala and Hon'ble High Court of Uttarakhand to all similarly placed Scientists of DOS. With the approval of M/o Finance, DOS vide OM dated 20.01.2014 had conveyed that the two additional increments sanctioned as a part of incentive to Scientists/Engineers 'SD', 'SE', 'SF' and 'SG' w.e.f. 01.01.1996 shall be treated as pay for payment of DA, HRA and Pension & Pensionary benefits.
xxx xxx xxx xxx
17. The main argument of the learned counsel for the Applicant is that it is the Presidential decision, which has been taken by the respondents by office memorandum dated 03.02.1999. When similarly situated persons were denied the benefit, they have approached the Hon'ble High Court of Kerala, by filing W.P.(C) Nos.29358, 29710 and Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 31525 of 2004, and upon hearing and after considering 68 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 the same on merit, the Hon'ble High Court of Kerala, vide its order dated 18.01.2007, quashed and set aside the order of this Tribunal observing therein that the additional increments sanctioned in terms of paragraph 2 of the said OM dated 03.02.1999, shall be counted as pay to attract all further payments including pension depending on pay of an incumbent and that the professional update allowance payable in terms of paragraph 3 of the said OM issued in the year 1999, is payable from 1998- 1999, falling due on 01.04.1999 onwards.
18. The learned counsel for the Applicant further contended that the said order of the Hon'ble High Court of Kerala has been upheld by the Hon'ble Supreme Court, and the benefit has been extended. The employees of the department are entitled to get the said two increments. However, the respondents have withdrawn the said scheme/discontinued with the said scheme, vide OM dated 13.06.2017, as they are not permitted to withdraw the scheme, which was introduced and implemented after the Presidential sanction.
19. On the other hand, the learned counsel for the Respondents vehemently opposed grant of relief to the applicant by stating that the applicant has challenged the Government of India policy contained in DAE OM No.4/4/2011-SCS/Vol.III/7809, dated 13.06.2017, through which a decision was conveyed to discontinue prospectively the two additional increments granted from 01.01.1996 to the Scientists and Engineers of the respondentorganization (DAE) in the grade of Scientific Officer/D to Scientific Officer/G. Though the two increments have been discontinued prospectively w.e.f 13.06.2017 in respect of those Scientists and Engineers, who are already in receipt of the same prior to 13.06.2017 (as in the case of the applicant) shall have the benefit to draw the same without treating the same as part of pay, till their retirement and would be entitled to merge the two additional increment along with their basic pay upon cessation of service for calculation of pensionary benefit.
xxx xxx xxx xxx Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' 69 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023
21. The learned counsel for the Respondents has further contended that the applicant is aggrieved by the discontinuation of the scheme of two increments and therefore had filed the present OA. The applicant had not only suppressed the series of the benefits that have visited him over a period of time, but also failed to state that he continues to enjoy the benefit of already discontinued two increments to be kept separately (without enhancement on his further promotion) and to avail of pensionary benefit on the same at the time of cessation of his service. The salary lip for the month of September 2018, in respect of the applicant is placed as documentary proof to show how the two additional increments are being regulated to the applicant and similarly placed Scientists and Engineers despite discontinuation of the scheme as a whole prospectively. The respondent-organization has duly implemented the policy of the Government from time to time on the matter related to the scheme of two additional increments to its Scientists and Engineers. In the matter of policy or exercise of discretion by the Government, this Tribunal would have no occasion to interfere and would not and should not substitute its own judgment for the judgment of the executives in such matters. The Hon'ble Supreme Court in Ekta Shakti Foundation v. Government of NCT of Delhi (2006 (10) SCC
337), keeping in mind the power and requirement of Government to take any new policy decision, the scope of judicial review in such administrative action, had been crystallized/reiterated in the following words:
"5. While exercising the power of judicial review of administrative action, the Court is not the appellate authority and the Constitution does not permit the Court to direct or advise the executive in matter of policy or to sermonize any matter which under the Constitution lies within the sphere of the Legislature of the executive, provided these authorities do not transgress their constitutional limits or statutory power."
(Ashif Hamid v. State of J & K (SCC p.374, Para 19), Shri Sitaram Sugar Co. v. Union of India), "The scope of judicial Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' enquiry is confined to the question whether the decision 70 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 taken by the Government is against any statutory provisions or is violative of the fundamental rights of the citizens or is opposed to the provisions of the Constitution. Thus, the position is that even if the decision taken by the Government does not appear to be agreeable to the court, it cannot interfere. The correctness of the reasons, which prompted the Government in decision making, taking one course of action instead of another is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation. The policy decision must be left to the Government as it alone can adopt (sic decide) which policy should be adopted after considering all the points from different angles. In the matter of policy decisions or exercise of discretion by the government so long as the infringement of fundamental right is not shown Courts will have no occasion to interfere and the Court will not and should not substitute its own judgment for the judgment of the executive in such matters. In assessing the propriety of a decision of the Government, the Court cannot interfere even if a second view is possible from that of the Government." The Court should constantly remind itself or what the Hon'ble Supreme Court of the United States said in Metropolis Theatre Company v. City of Chicago (L. Ed. P.734) -
"The problems of Government are practical ones and may justify, if they do not require, rough accommodations, illogical, it may be, and unscientific. But even such criticism should not be hastily expressed. What is the best is not always discernible; the wisdom of any choice may be disputed or condemned. Mere errors of government are not subject to our judicial review.
(See State of Orissa and others v. Gopinath Dash and Others (SCC 497, Paras 5-8)."
Further, the law has already been settled in the matter of Macawber Beekay Ltd., v. M/s Gujarat State Electricity Corporation Limited, that "when a decision has been taken in public interest, then it cannot be interfered with Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' by Court as in the present case".
71OA No. 546/2019
OA No. 764/2023 & OA No. 765/2023
22. It is to be noted that the judgment, relied upon by the learned counsel for the Applicant, is not applicable in the present scenario, as the Hon'ble High Court of Kerala has considered that the benefit has been denied as sanctioned as per the Presidential sanction. If the respondent- department had discontinued the said scheme and have taken a policy decision on the ground that "The Fifth CPC recommended merging the then existing two Group-A level pay scales of Rs.5900-6700/- and Rs.5900-7300/-. The higher pay scale of these two i.e., Rs.5900-7300/- was created only for Scientific Organizations and successive previous Central Pay Commissions had maintained distinct relativity between the two pay scales. The merger had created a psychological effect of "down gradation" of their status in the minds of senior Scientists and engineers concerned. The Government had to review the recommendations with a view to attract and retain these Scientists and Engineers so as to check attrition of scientific mass from the respondent-department. Also, the Scientists and Engineers drawing the pay scales of Rs.3000-4500/- and Rs.3700-5000/- had to be made attractive to check the exodus of young Scientists and Engineers. The Government, therefore, approved two additional increments to the aforesaid categories of Scientists and Engineers."
23. It is also to be noted that while exercising the power of judicial review of administrative action, we may not sit as an Appellate Authority as the Constitution does not permit the Court to direct or advise the Executive in the matter of policy or to sermonize any matter which under the Constitution lies within the sphere of the Legislature or the Executive, provided these authorities do not transgress their constitutional limits or statutory power.
24. It is also to be noted that, as contended by the respondents relying upon the judgment of the Hon'ble Supreme Court in Ashif Hamid v. State of J & K, the scope of judicial enquiry is confined to the question whether the decision taken by the Government is against any statutory provisions or is violative of the fundamental rights of the citizens or is opposed to the provisions of the Constitution. Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' Thus, the position is that even if the decision taken by the 72 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 Government does not appear to be agreeable to the court, it cannot interfere.
xxx xxx xxx xxx
26. It is also to be noted that in the matter of policy decisions or exercise of discretion by the government so long as the infringement of fundamental right is not shown Courts will have no occasion to interfere and the Court will not and should not substitute its own judgment for the judgment of the executive in such matters. In assessing the propriety of a decision of the Government, the Court cannot interfere even if a second view is possible from that of the Government. Thereby the Hon'ble Supreme Court constantly remind itself relying upon the observations in the matter of Metropolis Theatre Company v. City of Chicago (L.Ed.P.734) -
"The problems of Government are practical ones and may justify, if they do not require, rough accommodations, illogical, it may be, and unscientific. But even such criticism should not be hastily expressed. What is the best is not always discernible; the wisdom of any choice may be disputed or condemned. Mere errors of government are not subject to our judicial review."
Further, the law has already been settled in the matter of Macawber Beekay Ltd., v. M/s Gujarat State Electricity Corporation Limited that "when a decision has been taken in public interest, then it cannot be interfered with by Court as in the present case".
42. In respect of the aforesaid order of the Hon'ble Hyderabad Bench, it is the contention of the learned counsel for the Applicant that the Hyderabad Bench did not consider that in respect of OM dated 03.02.1999, sanction was granted by the Hon'ble President. Whereas, while issuing the Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' Office Memorandum dated 13.06.2017 and 03.08.2020, the 73 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 matter was never placed before the Cabinet and there was no sanction by the Hon'ble President. This aspect has not been taken into consideration by the Hyderabad Bench. In this regard, suffice it to say that it is the stand of the respondents that, prior to issuance of OM dated 13.06.2017, all steps have been taken by the Department meaning thereby prior to issuance of impugned Memorandum concurrence was granted by Member of Finance, AEC which is an institutional and special arrangement in D.A.E., which functions in lieu of Ministry of Finance of the Government of India and as per Rule 5 of the Allocation of Business Rules, framed under Article 77 of the Constitution of India, the Respondent Department is competent to take such a decision. Therefore, the contention raised by the applicant is not tenable.
43. Further, looking to the averments made in the original application, in paragraph number 4.9, it was specifically stated by the applicant that "As a matter of fact OM dated 13.06.2017 is actually beneficial instructions which sought to redress the main grievance of the Scientific Officers to Digitally signed by VIJAY KUMAR VERMA Date: 2025.12.08 10:40:12+05'30' treat two additional increments 'Pay' for the purpose of 74 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023 dearness allowance, house rent allowance, pension and pensionary benefits, etc. w.e.f. 01.01.1996." Looking to the aforesaid averment of the applicants, it is clear that to some extent the grievance of the Scientific Officers was redressed and to that extent they are not questioning the jurisdiction of respondent No. 1 that OM was not issued by taking prior sanction of the Hon'ble President. However, the part which, according to them, is curtailing their so called rights, they are questioning the same on the ground that there is no Presidential sanction. Therefore, in these circumstances also, the challenge made by the applicant to OM dated 13.06.2017 (partially) is not tenable
44. So far as, the contention of the learned counsel for the applicant that based upon note sheet dated 19.05.2017 (Annexure-R/18), the learned counsel for the Respondents rightly submitted that the Hon'ble Supreme Court in the case of Mahadeo (supra) categorically held that inter- departmental communications cannot be relied upon as a basis to claim any right. Thus, in view of the aforesaid, this contention is also not tenable.
Digitally signed by VIJAY KUMAR VERMADate: 2025.12.08 10:40:12+05'30' 75 OA No. 546/2019 OA No. 764/2023 & OA No. 765/2023
45. Thus, in view of the aforesaid discussion, there is no ground available to take a different view than the view taken by the Central Administrative Tribunal, Hyderabad Branch, in OA No. 484/2020 decided on 19.03.2025. Accordingly, the Original Application is liable to be dismissed and is hereby dismissed.
46. In view of the above, all three connected Original Applications (OA No. 546/2019, OA No. 764/2023 & OA No. 765/2023) are dismissed and Pending M.As. in respective Original Applications, if any, are also disposed of.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
~Vv~
Digitally signed by VIJAY KUMAR VERMA
Date: 2025.12.08 10:40:12+05'30'