Madhya Pradesh High Court
Dr. Alok Deshwal vs Kasturba Gandhi National Memorial ... on 7 July, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA
PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 22nd OF JUNE, 2023
WRIT PETITION No. 22505 of 2022
BETWEEN:-
DR. ALOK DESHWAL SENIOR SCIENTIST
AND HEAD KRISHI VIGYAN KENDRA
(KVK), KASTURBA GANDHI NATIONAL
MEMORIAL TRUST (KGNMT),
KASTURBAGRAM, INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI PRADEEP NAIK, ADVOCATE)
AND
KASTURBA GANDHI NATIONAL
MEMORIAL TRUST (KGNMT)
KASTURBAGRAM INDORE (A KRISHI
VIGYAN KENDRA UNDER THE ICAR)
1.
CHAIRMAN (KGNMT) KASTURBA
GRAM, KHANDWA ROAD, INDORE
(MADHYA PRADESH)
THE DIRECTOR, INDIAN COUNCIL OF
AGRICULTURAL RESEARCH (ICAR),
AGRICULTURAL TECHNOLOGY
APPLICATION RESEARCH INSTITUTE
(ATARI), ZONE 9 THROUGH ASSISTANT
2. ADMINISTRATIVE OFFICER, ICAR,
ATARI ZONE 9 ADDRESS JAWAHARLAL
NEHRU KRISHI VISHWAVIDYALAYA
(JNKVV) CAMPUS ADHARTAL
JABLAPUR 482004 (MADHYA PRADESH)
- : 2 :-
INDIAN COUNCIL OF AGRICULTURAL
RESEARCH (ICAR) THROUGH
3.
DIRECTOR GENERAL, KRISHI BHAVAN,
NEW DELHI 110001 (DELHI)
.....RESPONDENTS
(BY SHRI PRANJALI PANDYA, LEARNED COUNSEL FOR THE
RESPONDENT NO. 1])
Reserved and heard on : 22nd June, 2023
Judgment pronounced on : 07th July, 2023
This petition having been heard and reserved for orders
coming for pronoucement this day, the Court pronounced the
following:
ORDER
1- The petitioner has filed this petition by challenging the letter dated 09.09.2022 (Annexure P/5), whereby he has been retired from the post of Coordinator upon attaining the age of 60 years. Vide order dated 30.09.2022, this Court has declined to stay the retirement and directed that he shall be entitled to claim all consequential pecuniary benefits if succeeding in the Writ Petition .
The facts of the case are in short as under :-
2- The petitioner was appointed by respondent No. 1 to the post of Training Organizer in the year 2006 and vide order dated 21.04.2008, he was made permanent w.e.f. 02.01.2008. At the time of filing of the petition, the petitioner was working on the post of Scientist and Head of Krishi Vigyan Kendra (KVK), Indore.
According to the petitioner, his services are governed by the Service Rules applicable to the employees of respondent No. 3 where the age of superannuation is 62 years, therefore, he has wrongly been retired from service at the age of 60 years.
- : 3 :-
3- Respondent No. 3-Indian Council of Agricultural Research in short ("ICAR") is an Autonomous Organization established under the Department of Agricultural Research and Education (DARE), Ministry of Agriculture and Farmers Welfare, Government of India. Respondent No.1- Kasturba Gandhi National Memorial Trust (KGNMT) is a Trust registered for the development of women and children in rural areas having branches in 22 States.
Respondent No. 1 is a host organization of KVK, Indore. For the establishment of KVK, an MOU was entered between respondent No. 1 and respondent No. 3 on 06.03.2000. According to the petitioner, in the offer letter dated 23.12.2005, he was offered the pay scale of Rs.12,000-Rs.18,300/- as sanctioned by ICAR. The KVK, where the petitioner was appointed was managed and controlled by ICAR. The qualification, working responsibilities, pay scale and allowances were also fixed by the ICAR. The entire budgetary structure of KVK is based on the project granted from ICAR, therefore, for all purposes, the service conditions of the petitioner are at par with the regular staff of the ICAR. Therefore, he is also entitled to continue in the service upto the age of 62 years. Hence, the impugned order is liable to be set aside with a direction to the respondent to permit the petitioner to continue upto the age of 62 years.
4- After notice, KGNMT filed the reply by specifically denying that the petitioner and other staff of KVK and KGNMT are governed by the service rules of ICAR. For the retirement of the staff/employees, the age of superannuation is 60 years as per the service rules of KGNMT. It is further submitted that the host organization of KVK is KGNMT and the operation of KVK is done
- : 4 :-
as per MOU signed between KGNMT and ICAR. Hence, the services of petitioner are governed by KGNMT and not by the ICAR. Therefore, the petition is misconceived and liable to the dismissed.
5- The ICAR also filed the reply by submitting that the Clause- 4 of service rules dated 19.06.1979 (annexure-P/20) provides that the age of retirement is 60 years and if any enhancement is necessary that shall be decided by the Committee. It is stated that vide order dated 17.06.2015 the ICAR has clarified that the administrative control over the staff employed under the scheme shall vest with the host institution KGNMT.
6- In view of the reply, none of the respondents have supported the claim of the petitioner and sought for dismissal of the writ petition.
7- Service rules applicable to the employees of KGNMT are filed as annexure-R/2. Rule 4 provides the age of retirement is 60 years which is reproduced below :-
^^¼c½ ftudh fu;qfDr dh iqf"V gks pqdh gS vkSj ftu ifjoh{kk/khu dk;ZdrkZvksa ,d o"kZ iwjk gks pqdk gS] mudh lsokeqfDr ds fy;s ;k R;kxi= ds fy;s iwoZ cuk vof/k fuEu izdkj ls gksxh& iwoZ lwpuk vof/k ¼1½ fu;qfDr fnukad ls ftudh lsok vof/k 3 o"kZ ls de gksA ---------- 30 fnu ¼2½ fu;qfDr fnukad ls ftudh lsok vof/k 3 o"kZ ls vf/kd 6 o"kZ ls de gksA----------- 60 fnu ¼3½ ftudh lsok vof/k] fu;qfDr fnukad ls 6 o"kZ ls vf/kd gksA ------------90 fnu fVIi.kh% ¼1½ bl /kkjk dh ifjiwfrZ dk tgkW rd laca/k gS lsokdky ds vUrxZr ijoh{kk vof/k ¼ifj{k.k vof/k½ dk dk;Zdky Hkh lfEefyr gSA ¼2½ mijksDr lsokeqfDr ;k R;kxi= dh lwpuk vof/k mu dk;ZdrkZvksa ij Hkh ykxw gksxh tks fd ;kstuk vof/k dh vFkok vLFkk;h y{; dh ifj;kstukvksa esa dk;Zjr~ gSA ijarq ;fn lsok eqfDr ;kstuk dh ;k in dh ifjlekfIr ds dkj.k gks og bu /kkjk dk viokn ekuk tk;sxkA R;kxi= %
- : 5 :-
¼d½ dk;ZdrkZ }kjk R;k i= fn;s tkus dh fLFkfr esa mls mruh gh iwoZ lwpuk nsuh gksxh] ftruh lsokeqfDr ds fy;s vko';d ekuh xbZ gSA rqjar lsokeqfDr dh fLFkfr esa iwoZ lwpuk ds LFkku ij mrus le; dk osru fn;k tk;sxk ;k olwy fd;k tkosxkA dk;ZdrkZ rqjUr lsok fuo`fRr izkIr djus ds fy;s VªLV dh vko';d /kujkf'k vnk vof/k ds cnys ns ldsxkA lwpuk vof/k esa fj;k;r% ¼d½ v/;{k ds fu.kZ; ls R;kxi= nsus dh iwoZ lwpuk vof/k esa deh dh tk ldsxhA lsok fuo`fRr % lHkh dk;ZdrkZ 60 o"kZ dh voLFkk iwoZ gksus ij vius vki lsok fuo`Rr ekus tkosxAs rFkkfi ;g vk;q e;kZnk 60 o"kZ ls 65 o"kZ rd] dk;Zdrk ds LoLF; ,oa {kerk dks ns[kdj] 60 lky ds ckn] fu;qfDr vf/kdkjh dh flQkfj'kksa ij] dk;Zdkfj.kh lfefr }kjk izfro"kZ iqu ewYa ;kdu dj c<+kbZ tk ldsxhA** 8- Therefore, it is clear from the aforesaid clause that as per service rules applicable to the employees of KGNMT, the age of retirement is 60 years. It is also not in dispute that vide annexure- P/1, KGNMT issued an advertisement inviting the applications for the post of Training Organizer. The petitioner was given an offer of appointment in which it had clearly been mentioned that KVK is a project of ICAR under the corroboration of KGNMT which has its own set up values, code of conduct and working philosophy. It was also made clear by accepting the appointment that the petitioner would accept and abide by discipline of the trust. Vide order dated 21.04.2008, the KGNMT confirmed the services of the petitioner.
Vide notification dated 25.06.2007, the Government of India has enhanced the age of retirement of scientific personnel in the services of council. Since the petitioner is not an employee of ICAR, therefore, he cannot claim to continue in service upto the age of 62 years.
9- The MOU was entered between the KGNMT and respondent No. 3 for scientific and technical cooperation in the implementation
- : 6 :-
of the project of KVK. As per Clause-5 of MOU, the council shall provide grant for the project of KVK according to the pattern of assistance approved under the KVK scheme which includes the salary in respect of officers and staff. Clause-8(ii) also provides that all staff of KVK shall borne on the establishment of grantee only. The administrative control over the staff employed under the scheme, therefore, shall vest in the host institution. Therefore, there is a separate set of service conditions and recruitment rules for the employees of ICAR. By virtue of MOU entered between them, the service conditions are not transferable. The ICAR has only revised the pay scale of the staff of KVK in order to provide grant. There is no such adoption for retirement age. The services of the petitioner are governed under the service rules of KGNMT wherein the age of retirement is 60 years. Therefore, the petitioner has rightly been retired from service. Even otherwise, no writ can be issued in favor of the petitioner as KGNMT is trust not State under Article 12 of the Constitution of India.
Accordingly, the present writ petition is hereby dismissed. No order as to cost.
(VIVEK RUSIA) JUDGE Vindesh Digitally signed by VINDESH RAIKWAR VINDESH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, RAIKWA
2.5.4.20=2cae43fc7490310e3840bae97e 2725901dee838523e57439ec62a5ee88 dc430c, postalCode=452001, st=Madhya Pradesh, serialNumber=E49DAA8D0FEF53054B7 R A97DEFB4C3BF6C0B15A7DB15DD30DE D46D26B5C6F4CA8, cn=VINDESH RAIKWAR Date: 2023.07.08 13:31:09 +05'30'