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Central Administrative Tribunal - Ernakulam

Dr Mrs K S Sethu vs The Secretary Ministry Of Ayush New ... on 6 February, 2019

                                      1                          OA 408-18

                      Central Administrative Tribunal
                            Ernakulam Bench

                            OA /180/00408/2018

                Wednesday, this the 6th day of February, 2019.

CORAM
Hon'ble Mr.E.K.Bharat Bhushan, Administrative Member
Hon'ble Mr.Ashish Kalia, Judicial Member

Dr.Mrs.K.S.Sethu
Assistant Director (AYU)
Regional Ayurveda Research Institute
for Lifestyle Related Dirorders (RARILD)
Central Council for Research in Ayurvedic Science
Ministry of Ayush, Poojappura P.O.
Thiruvananthapuram-695 012.
W/o Dr.Sundaran K.,
Sathadhara, T.C.17/1317 (1)
CGRA-205, Cherukara Road, Thirumala P.O.,
Thiruvananthapuram-695 006.                                      Applicant

[Advocate: Mr.A.D.Raveendra Prasad]

                                   versus

1.    Union of India
      represented by the Secretary to Government
      Ministry of Ayurvedic, Yoga and Naturopathy,
      Unani, Sidha and Homeopathy (AYUSH)
      Behind INA Market, B-Block, GPO Complex
      Ayush Bhavan, New Delhi-110 023.

2.    Central Council for Research in Ayurvedic Science
      Ministry of AYUSH, Government of India
      61-65, Institutional Area,
      Opposite 'D' Block, Janakpuri
      New Delhi-110 058.

3.    Director General
      Central Council for Research in Ayurvedic Science
      61-65, Institutional Area,
      Opposite 'D' Block, Janakpuri
      New Delhi-110 058.
                                       2                             OA 408-18

4.    Director in Charge
      Regional Ayurveda Research Institute of
      Lifestyle Disorders (RARILD)
      Central Council for Research in Ayurvedic Sciences,
      Ministry of Ayush, Poojappura P.O.
      Thiruvananthapuram-695 012.                               Respondents

[Advocate: Mr.Thomas Mathew Nellimoottil, Sr.PCGC]

       The OA having been heard on 6th February, 2019, this Tribunal delivered
the following order on the same day:

                              O R D E R (oral)

By E.K.Bharat Bhushan, Administrative Member Mr.A.D.Raveendra Prasad, learned counsel for the applicant submits that the applicant wishes to withdraw the OA.

2. In view of the submission made by the learned counsel, the OA is closed as withdrawn.

(Ashish Kalia)                                         (E.K.Bharat Bhushan)
Judicial Member                                       Administrative Member

aa.
                                          3                                OA 408-18

Annexures filed by the applicant:

Annexure A1:       FS 4-22/96-CCRAS/Estt/158 of 25.04.2018 of the 3rd respondent.
Annexure A2:       Gazette Notification F.No.25012/4/2016-Estt.(A-IV) dated 5 th

January, 2018 issued by the Ministry of Personnel, Public Grievances and Pensions.

Annexure A3: Copy of the letter F-3-8/2017-CCRAS/Vig./3094 dated 25.1.2018. Annexure A4: Copy of the letter of the Ministry of AYUSH No.FTS No.32797/2017 dated 31.10.2017.

Annexure A5: Copy of the order sheet of CAT, Principal Bench, New Delhi in OA 335/18 dated 24.1.2018.

Annexure A6: Copy of the relevant pages of the Memorandumm of Association and Rules, Regulations and Bye-Laws of Central Council for Research in Ayurvedic Sciences.

Annexure A7: Copy of representation dated 4.5.2018 seeking permission to approach the Tribunal.

Annexure A8: Copy of the letter dated 14.7.2016 recommending the enhancement of superannuation of Dr.M.M.Padhi.

Annexures filed by respondents:

Annexure R2(A): Copy of the Memorandum of Association of the Central Council for Research in Ayurvedic Sciences.
Annexure R2(B): Copy of the order dated 24.11.2017. Annexure R2(C): Copy of the letter dated 31.10.2017. Annexure R2(D): Copy of the Cabinet Note dated 27.9.2017. Annexure R2(E): Copy of the notification dated 9.3.2018 issued as per Rule 74 of the CCS (Pension) Rules.
Annexure R2(F): Copy of the G.I.M.H.A., O.M. No.33/6/56-Ests.(A), dated 10.12.1965.

Annexure R2(G): Extract of Rule 56 of the Fundamental Rules. Annexure R2(H): Copy of the judgment of the Hon'ble High Court of Karnataka in WP No.42833-43/1999(s) dated 25.1.2001. Annexure R2(I): Copy of the order of the Hon'ble High Court of Delhi in WPC 8704/2017 dated 26.9.2017.

Annexure R2(J): Copy of the order dated 25.4.2018 of the Hon'ble High Court of Orissa, Cuttack in the case of Dr.Bikartan Das vs. Union of India (WPC 6663 of 2018).