Central Administrative Tribunal - Delhi
Dr S Bala Ravi vs Indian Council Of Agricultural ... on 30 May, 2024
1
O.A. No. 1042/2022
Item No. 27(C-5)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1042/2022
Order reserved on : 04.04.2024
Order pronounced on : 30.05.2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Dr. S. Bala Ravi
S/o late Shri Sekhara Pillai
Aged about 81 years R/o Plot No 137-C,
Dhanalakshmi Housing Society, Road No.7-TMC,
Mahendra Hill, Secunderabad-500026, Telangana
Retired Assistant Director General (IPR), Indian
Council of Agricultural Research, Govt. of India
Group-'A'
Subject-Pension-fixation
2. Dr. Nukala Padmanabha Sarma,
S/o Late Shri. Nukala Appanna About 81 years.
R/o 187-A, Yadammanagar, Trimulgherry P.O,
Secunderabad-500015.
Retired Principal Scientist, Indian Institute of Rice
Research, Hyderabad-500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
3. Dr.Polana Sri Panduranga Vithal Vidyasagar, S/o
Late Shri. Polana Gowthami About 73 years.
R/o Ground Floor, Avanthi Apts, 25/A, Street No.8,
Hyderabad 500007
2
O.A. No. 1042/2022
Item No. 27(C-5)
Retired Principal Scientist,
Central Plantation Crops Research Institute,
Kasaragod, Kerala
Indian Council of Agricultural Research, Govt. of
India.
Group-'A'
Subject-Pension-fixation
4 Dr. Prem Swaroop Bhatnagar
S/o Late Sri. Narain Swaroop Bhatnagar
About 79 years
R/o S-214, 1st Floor, Greater Kailash, Part I,
New Delhi-110048
Retired Principal Scientist, H.Q. of ICAR
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
5 Dr. Veerapaneni Ranga Rao
S/o Late Shri. Veerapaneni Satyanarayana
About 83 years.
R/o Plot No.128A, MLA Colony, Road No.12,
Banjara Hills, Telangana Retired Project Director,
Indian Institute of Oil Seeds Research, Hyderabad-
500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
6 Dr. Mahabir Singh,
S/o Late Shri Baru Singh
About 81 years.
3
O.A. No. 1042/2022
Item No. 27(C-5)
R/o Flat No.104, Satish Suits, Suman Housing
Colony, West Marredpally, Secunderabad 500026
Retired Principal Scientist& Head, CTC, Indian
Institute of Rice Research, Hyderabad-500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
7. Dr. Jagdish Chander Ghei
S/o Late Shri Dowarka Dass Ghei
About 81years
R/o 14/30-31, Sector-16, Rohini, Delhi 110089
Retired Principal Scientist,
National Research Center for Equines, Hisar-
125001
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
8. Dr. Veerabhadrudu Ayyagari,
S/o Late Shri. Ramachendrudu,
About 82 years
R/o 5-324 Main Street, Pulletikurru,
East Godavari District -533239
Retired Project Director,
Project Directorate for Poultry Research,
Hyderabad - 500030,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
9. Dr. Pawan Kumar Gupta
4
O.A. No. 1042/2022
Item No. 27(C-5)
S/o Late Shri Roop Lal Agarawal
About 79 years.
R/o C-44, RajendraNagar, Bareilly - 243122
Retired Principal Scientist,
Indian Veterinary Research Institute, Izatnagar,
Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
10. Dr. Jagan Mohan Nyayapati
S/o late Raghava Rao Nyayapati
About 75 years
R/o No.001, Sai Datta Nilayam, Ground Floor,
Sri Someshwara Arcade, Moodalapalya Circle, Blru-
560072
Retired Principal Scientist,
Indian Institute of Horticultural Research,
Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
11 Dr.Kesavan Unni Krishnan Nampoothiri S/o
Late Shri. Thraikot Damodaran Kesavan
Nampoothiri, About 81 years
R/o Thraikot, KRWA/A-26, Kodungnoor, PO
Thruvananthapuram- 605013
Retired Director,
Central Plantation Crops Research Institute,
Kasaragod-671124, Kerala
Indian Council of Agricultural Research, Govt. of
India
5
O.A. No. 1042/2022
Item No. 27(C-5)
Group-'A'
Subject-Pension-fixation
12 Dr Thirumala Ramanujam,
S/o.Late Shri. Thirumalai About 80 years. R/o
2/86, Thirumurugan Street, West Main St.,
Vadavalli, Coimbatore 641041 Retired Principal
Scientist,
Sugarcane Breeding Institute, Coimbatore-641007,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
13. Dr Ponnaiah Rethinam
R/o 18, Lakshmi Nagar, Seera Naicken Palayam,
Sugarcane Breeding Instt. Post, Coimbatore 641007
S/o Late Shri. K. Ponniah About 80 years Retired
Director, NRC for Oil Palm, Indian Council of
Agricultural Research, Govt. of India
Group-'A'
Subject-Pension-fixation
14.Dr. Kothakonda Krishnaiah, S/o Late Shri.
Kothakonda Venkatadri, About 82 years.
R/o House No.3-8-252, Road No.3, Chandrapuri
Colony, LB Nagar, Hyderabad-500074 Retired
Director,
Indian Institute of Rice Research, Hyderabad-
500030 Indian Council of Agricultural Research,
Govt. of India
Group-'A'
Subject-Pension-fixation
15 Mr. Bulusu Venkata Ramana Rao
6
O.A. No. 1042/2022
Item No. 27(C-5)
S/ Late Shri. Bulusu Sarveswara Dikshithulu
About 81 years.
R/o Villa No.29, Aparna Kanopy Lotus,
Gundla Pochampally, Medichal Dt-500100,
Telangana. Retired Principal Scientist & Project
Coordinator
(Agrometeorology)
Central Research Institute for Dryland Agriculture,
Hyderabad
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
16. Dr. Depala Gangadhar Rao
S/o Late Shri. Depala Ramakrishna Rao
About 71 years.
R/o Flat 507, Sona Grand Residency, Raja Reddy
Marg, Gunfoundry, Hyderabad-500029.
Retired Principal Scientist, Central Research
Institute for Dryland Agriculture, Hyderabad
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
17 Dr. Chilla Hanumantha Rao
S/o Late Shri. Ramalingaiah
About 79 years
R/o 11-6-590, Devbagh, Nampally, Hyderabad-
500001
Retired Principal Scientist & Project Coordinator,
Indian Institute of Oil Seeds Research, Hyderabad-
500030
7
O.A. No. 1042/2022
Item No. 27(C-5)
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
18 Dr. Udayagiri Prasada Rao,
S/o Late Shri. Udayagiri Sanyasiraju,
About 80 years.
R/o 3/4/495/1, Jyoti Soudha Apts, Barkatpura,
Hyderabad 500027
Retired Principal Scientist,
Indian Institute of Rice Research, Hyderabad-
500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
19 Dr. Pentele Raghaviah
S/o Late Shri. Venkata Swami Pentele,
About 81 years.
R/o House: 9, Street No.1, Czech colony,
Sanathnagar, Hyderabad-500018
Retired Principal Scientist,
Indian Agricultural Research Institute, New Delhi-
110012
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
20. Dr. Ranganathan Sridhar
S/o Late Shri.Vanniyur Narayanaswami
Ranganathan Pillai
About 78 years
8
O.A. No. 1042/2022
Item No. 27(C-5)
R/o Plot No. 54, Orchid, Padmavathy St., Santosh
Nagar Extn, Madanandapuram, Chennai 600125
Retired Principal Scientist,
National Rice Research Institute, Cuttack-753006
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
21. Dr. Balzor Singh
S/o Late Shri. Choudhari Umro Singh
About 78 years
R/o B-142/4, Lane No. 9, Bhajenpura, Delhi-
110053
Retired Principal Scientist,
Indian Agricultural Research Institute, New Delhi-
110012
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
22. Dr. Meiyappan Meiyappan Meiyappan S/o
Meiyappan Meiyappan About 78 years
R/o D-1, Sri Sakti Apts., 46 Third Church Street,
T.T.Nagar, Karaikkudi-630001, Sivagangai Dt.,
Tamil Nadu.
Retired Principal Scientist, Central Marine Fisheries
Research Institute, Kochi Indian Council of
Agricultural Research, Govt. of India Group-'A'
Subject-Pension-fixation
23 Dr.John Jeyasingh Solomon
S/o Late Shri. William Herbert Solomon About 79
years
9
O.A. No. 1042/2022
Item No. 27(C-5)
R/o BT-01, Porkudam Apartments, SBI Officers'
Colony, Madurai-16
Retired Principal Scientist,
Central Plantation Crops Research Institute,
Kasaragod-671124, Kerala
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
24 Dr. Puthenkandathil Koshy Koshy
S/o Late Shri. Puthenkandathil K. Koshy About 80
years
R/o Puthenkandathil, Angadical, Puthencavu,
Chengannur P.O., Chengannur-689123.
Retired Principal Scientist & Head of Division,
Central Plantation Crops Research Institute,
Kayamkulam, Kerala
Indian Council of Agricultural Research, Govt. of
India Group-'A'
Subject-Pension-fixation
25 Dr Hussain Hameed Khan,
S/o Late Shri. Alangadavu Batcha Hussain Khan,
About 78 years
R/o C3, Eden Park Apt., Ramalingam Road-4,
Sai Baba Colony, Coimbatore-641011
Retired Project Coordinator (Palms),
Central Plantation Crops Research Institute,
Kasaragod-671124, Kerala
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
10
O.A. No. 1042/2022
Item No. 27(C-5)
26. Dr. Krishnan Shanmugam,
S/o. Late Shri. Krishnan
About 81 years
R/o 23, PRR Nagar, 3RD Street, PN Pudur,
Coimbatore-641041
Retired Principal Scientist,
Central Institute for Cotton Research, Regional
Station,
Coimbatore,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
27. Dr. Ashok Kumar Dev Roy
S/o Late Shri Abani Kumar Dev Roy,
About 78 years.
R/o Sankalpa-2, Tower-6, Flat-3-D, Street No-160,
New Town, Kolkata-700163.
Retired Principal Scientist,
Central Avian Research Institute, Izatnagar,
Bareilly-243
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
28. Dr. Sukh Vir Singh Verma
S/o Late Shri. Suraj Mal Singh
About 81 years
R/o 139-Yashoda Kunj, Mawana Road, Meerut-
250001
Retired Principal Scientist,
Central Avian Research Institute, Izatnagar,
Bareilly-243122,
11
O.A. No. 1042/2022
Item No. 27(C-5)
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
29. Dr Narendra Singh Parihar.
S/o Late Shri. Bakhat Singh Parihar,
About 82 years
R/o A-114, Rajendra Nagar, Bareilly, U. P. 243122
Retired Principal Scientist,
Indian Veterinary Research Institute, Izatnagar,
Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
30. Dr Parvatha Reddy Parvatha Reddy
S/p Late Shri. Parvatha Reddy Sanna Basappa,
About 80 years.
R/o 34, UAS Layout, 1st Main, 7th Cross Sanjay
Nagar,
Bengluru-560094
Retired Director,
Indian Institute of Horticultural Research,
Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
31. Dr. Brijesh Behari Lal Mathur
S/o Late Shri. Raghubar Swarup Mathur
About 82 years.
R/o Basera, C-299/3, Rajendra Nagar, Bareilly. UP-
243122
12
O.A. No. 1042/2022
Item No. 27(C-5)
Retired Principal Scientist, Indian Veterinary
Research
Institute, Izatnagar, Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
32. Dr. Dinesh Kumar Agarwal
S/o Late Shri.P.K.Agarwal
About 80 years.
R/o 151, Janakpuri, Bareilly - 243122
Retired Principal Scientist, Indian Veterinary
Research Institute, Izatnagar, Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
33. Dr. Satya Narayan Saha
S/o Late Sri Sarat Chandra Saha
About 79 years
R/o #5, Sharat, 4th Cross, 1st. Main road, Pampa
Extn., Kempapura, Hebbal, Bengluru-560024
Retired Principal Scientist, Indian Veterinary
Research Institute, Bengluru campus-560024,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
34. Dr. Om Prakash Pareek
S/o Late Shri. Shanti Swaroop Pareek
About 83 years.
13
O.A. No. 1042/2022
Item No. 27(C-5)
R/o 305, Inder Raj, New Powerhouse Road,
Jodhpur-342003.
Retired Director, Central Institute for Arid
Horticulture,
Bikaner-334006 Indian Council of Agricultural
Research, Govt. of India
Group-'A'
Subject-Pension-fixation
35. Dr Pran Nath Kaul
S/o Late Shri. Janki Nath Kaul,
Aged about 80 years
R/o 238-A, Karamchari Nagar, Bareilly, UP 243122
Retired Principal Scientist, Indian Veterinary
Research
Institute, Izatnagar, Bareilly-243122, Indian
Council of Agricultural Research, Govt. of India
Group-'A'
Subject-Pension-fixation
36. Dr. Kameshwar Prasad Mallick
S/o Late Shri. Jag Deo Lal Mallick, About 86 years
R/o C/3, Indirapuri Colony, Patna-800014, Bihar.
Retired Principal Scientist, Indian Veterinary
Research
Institute, Izatnagar, Bareilly-243122, Indian
Council of Agricultural Research, Govt. of India
Group-'A'
Subject-Pension-fixation
37. Dr. Prabhandam. Venugopala Sarma
S/o Late Shri. Prabhandam Ramakrishna Sarma
About 80 years
R/o No.2458, 14th A Cross, 25th A Main,
H.S.R Layout, Sector-1, Bengaluru-560102
14
O.A. No. 1042/2022
Item No. 27(C-5)
Retired Principal Scientist, National Institute of
Animal Nutrition and Physiology, Bengaluru -
560030
Indian Council of Agricultural Research, Govt. of
India.
Group-'A'
Subject-Pension-fixation
38. Dr. Mohammad Yusuf
S/o Late Shri. Hira Khan,
About 80 years.
R/o 18/450 Indira Nagar, Lucknow-226 016
Retired Principal Scientist & Project Coordinator,
Central Plantation Crops Research Institute,
Kasaragod-671124, Kerala
Indian Council of Agricultural Research, Govt. of
India.
Group-'A'
Subject-Pension-fixation
39. Dr Awadhesh Kumar Pandey
S/o Late Shri. Babu Ram Pandey,
About 79 years.
R/o C-24, Ekla Nagar, Bareilly, U.P.-243122
Retired Principal Scientist, Indian Veterinary
Research
Institute, Izatnagar, Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
40 Dr. Kandasamy Narayanan
S/o Late Shri. Kandasamy, About 78 years.
15
O.A. No. 1042/2022
Item No. 27(C-5)
R/o NO 47, Padmavathy Illam, 4TH A Cross,
Chamundi Nagar, RT Nagar, Bengluru-560032
Retired Principal Scientist, National Bureau of
Agricultural Important Insects, Bengaluru-560032,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
41. Dr. Kaushal Chandra Tripathi,
S/o Late Shri. Gopal Datt Tripathi
About 82 years
R/o C-275/3, Rajendra Nagar, Bareilly-243122
Retired Principal Scientist, Indian Veterinary
Research Institute, Izatnagar, Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India Group-'A'
Subject-Pension-fixation
42. Dr Malleshappa Rajasekhar
S/o Late Shri. Malleshappa Kaliveerappa About 79
years
R/o # 134, 7-A cross, HMT Layout, R T Nagar,
Bengaluru-560 032.
Retired Director, National Institute of Veterinary
Epidemiology and Disease Informatics (NIVEDI),
Bengaluru-560064
Indian Council of Agricultural Research, Govt. of
India Group-'A'
Subject-Pension-fixation
43. Dr. Baldev Raj Gupta,
S/o Sain Das Gupta, About 91 years.
R/o Vishnupuri, Street No 3, Prem Nagar, Bareilly-
243122
16
O.A. No. 1042/2022
Item No. 27(C-5)
Retired Principal Scientist, Indian Veterinary
Research Institute, Izatnagar, Bareilly-243122,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
44. Dr. Om Prakash Dutta,
S/o Late Shri. Anant Ram Dutta
About 81 years
R/o # 70, 3RD Main, 1st Cross, Chiranjeevi Layout,
Hebbal, Kempapura, Bengluru-560024
Retired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
45. Dr. Prem Singh Dahiya,
S/o Late Shri. Pratap Singh,
About 80 years
R/o #255, Sector-2, Rohtak-124001, Haryana;
Retired Principal Scientist, Central Potato Research
Institute, Shimla-171001,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
46. Dr. Madakasira Bhootarajarao Nataraj Venkata
Prasad
S/o Late Shri. Madakasira Bhoota Raja Rao
About 71 years.
17
O.A. No. 1042/2022
Item No. 27(C-5)
R/o #315, 5th Cross, 1st Block, R.T.Nagar,
Bengluru -560032.
Re tired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
47. Dr. Morla Harinatha Rao
S/o Late Shri. Brahmaiah
About 80 years.
R/o. Plot-67, Rroad No. 3 Chandrapuri Colony,
L.B.Nagar, Hyderabad-500074
Retired Principal Scientist, Indian Institute of Millet
Research, Hyderabad-500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
48. Dr.Yallayi Rama Venkata Jagannadha Rao, S/o
Late Shri. Yallayi Raja Viswanadham
About 83 years. R/o Plot No 17, Doo No. 7-5-59,
Padmavathi Nivas,
Pandurangapuram, Vishakapatanam-530003
Retired Principal Scientist,
National Rice Research Institute, Cuttack-753006
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
49. Dr. Yalamanchi Nagaraja Rao
Late Shri. Yalamanchi Veeraraghava Rao
18
O.A. No. 1042/2022
Item No. 27(C-5)
About 85 years
R/o H.No. 9-105/2, Kodad Road, Nelakondapalli
P.O. Khammam Dt, Telengana -507160
Retired Professor (in the grade of Principal
Scientist), Indian Agricultural Research Institute,
New Delhi-110012 Indian Council of Agricultural
Research, Govt. of India
Group-'A'
Subject-Pension-fixation
50. Dr Shantha Krishnamurthy
D/o Hosakere Sricantiah
About 81 years
R/o 184, #rd Main, 4th Block, Rajaji Nagar,
Bengaluru-560010
Retired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
51. Dr Tadury Chiranjeevi Ramana Rao
S/o Tadury Venkata Subba Rao
About 81. Years.
R/o Door No.7, Bhuvaneswari Nagar, Dr Ambedkar
Road, Velandipalayam P.O., Coimbatore-641025.
Retired Principal Scientist, Sugarcane Breeding
Institute, Coimbatore-641007,
Indian Council of Agricultural Research, Govt. of
India
Group-'A
Subject-Pension-fixation
52. Dr. Nimmagadda Sadasiva Murthy,
19
O.A. No. 1042/2022
Item No. 27(C-5)
S/o Late Shri. Nimmagadda Lakshmi Narasimham,
Age: 82 years
R/o Plot No. 91, Third Street, Vidyut Colony,
Rajamundry-533106.
Retired Principal Scientist, Central Tobacco
Research Institute, Rajamundry-533105
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
53. Dr. Thirucherai Ramanujam Srinivasan, 5/o
Late Shri. Thirucherai Srinivasan Ramanujam,
About 81 years
R/o No. 2/10 North Street. Thirucherai-612605.
Kumbakonam Taluk, TN.
Retired Director, Sugarcane Breeding Institute,
Coimbatore-641007, Indian Council of Agricultural
Research, Govt. of India
Group-'A'
Subject-Pension-fixation
54. Dr. Maddipatala Venkataramanayya Rama
Manohar Prasad S/o Late Shri. Maddipatala
Siddaiah Venkataramanayya About 78 years
R/o No.62-63, Orion Villas, Sy. No.66/1, Old
Mumbai Rd, Raidurgam, Hyderabad-500104
Retired Director, Indian Institute of Oil Seeds
Research, Hyderabad-500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
55. Mr Gudavalli Rama Prasad,
20
O.A. No. 1042/2022
Item No. 27(C-5)
S/o Late Shri. Gudavalli Subbarao,
About 82 years,
R/o H.No. 23-12-5/2, Sriram Nagar 1st Street,
Rajahmundry 533 105
Retired Principal Scientist, Central Tobacco
Research Institute, Rajamundry-533105.
Indian Council of Agricultural Research, Govt. of
India.
Group-'A'
Subject-Pension-fixation
56. Dr.Rama Swamy Dore Swamy, S/o Late Dr
Subbarao Rama Swamy, About 80 years.
R/oApt.102, Wing 8, Balaji Lakeside Marvel, 8th
Cross, Ist Main, BHCS Layout, Uttarahalli,
Bangalore-560061
Retired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
57. Dr.Muthiah Venugopalan S/o Late Shri.
P.Muthiah pillai About 83 years.
R/o Bhavani Illam, 46, Nallathur Salai,
Kurmbagaram, Nedungaduso Post-- 609603
Retired Principal Scientist, National Rice Research
Institute, Cuttack-753006
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
21
O.A. No. 1042/2022
Item No. 27(C-5)
58. Dr. Somanahalli. Venkataramaiah Keshava
Murthy S/o Late Shri. Somanahalli Narayana
Venkataramaiah About 81 years
R/o C-001, Century Indus Apt., Pattanagere Post,
R.R. Nagar, Begaluru-560098
Retired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
59. Dr Prabha Challa,
D/o Late Shri.Krishna Swamy Ravel,
About 79 years
R/o 129/130, Sarakki Main Rd, Sarakki, 1st Phase,
JP Nagar, Bengaluru-560078
Retired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
60. Dr. Kumaraswami Ramamoorthy
S/o Late Shri. Kumaraswami
About 80 years.
R/o 28, New Thillas Nagar, 5th Cross East, P.N.
Puthur, Coimbatore-641041
Retired Principal Scientist, Central Cotton Research
Institute, Regional Station, Coimbatore-641007,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
22
O.A. No. 1042/2022
Item No. 27(C-5)
61. Dr. Mahesh Dutt Awasthi,
S/o Hira Mani Awasthi, About 79 years
R/o #47, 3rd Cross, 5th Main, K.E.B. Layout,
Sanjay Nagar, Bengaluru-560094
Retired Principal Scientist, Indian Institute of
Horticultural Research, Bengaluru-560089
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
62. Dr. Bhanwar Singh Rana
S/o Late Shri. Laxmi Chand
About 81 years.
R/o F109, Indraprasth Aptt., Pocket 3, Sector 12,
Dwarka, New Delhi 110078
Retired Director, Indian Institute of Millet Research,
Hyderabad-500030, Indian Council of Agricultural
Research, Govt. of India
Group-'A'
Subject-Pension-fixation
63. Dr. Bhag Mal,
S/o Late Shri Ram Kishan
About 80 years
R/o. 301, Ganpati Apts, Plot-6, Sector-9.
Dwaraka, New Delhi-110075
Retired Director, Indian Grassland& Fodder
Research
Institute, Jhansi
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
23
O.A. No. 1042/2022
Item No. 27(C-5)
64. Dr Kheem Raj Solanki,
S/o Lata Shri. Baghmalji,
About 78 years
R/o 52-D, Golf Course Scheme, Jodhpur-342011,
Rajasthan.
Retired Assistant Director General, HQ of ICAR
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
65. Dr. Raj Kumar Tyagi
S/o Late Shri. Pyarey Lal Tyagi
About 83 years.
R/o House No.441, Siddheswar Nagar,
Yogeswar Mahadev Mandir Gali, Near ITI, Jhansi-
284003
Retired Principal Scientist,
Indian Grassland& Fodder Research Institute,
Jhansi Indian Council of Agricultural Research,
Govt. of India.
Group-'A'
Subject-Pension-fixation
66. Dr Joginder Pal Tandon,
S/o Late Shri. Hans Raj Tandon
About 84 years.
R/o A-72, Sector-14, Noida-201301
Retired Assistant Director General & Director
IIWBR,
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
24
O.A. No. 1042/2022
Item No. 27(C-5)
67. Dr Devendra Singh
S/o Late Shri. Hori Lal Katiyar
About 79 years.
R/o 1153, New Roy Gani, Sipri Bazar, Jhansi-
284003
Retired Principal Scientist,
Indian Grassland& Fodder Research Institute,
Jhansi Indian Council of Agricultural Research,
Govt. of India
Group-'A'
Subject-Pension-fixation
68. Dr Kokarachedu Subramanya Sastry
S/o Late Shri. Kokarachedu Panduranga Sastry
Age about 78years;
R/o B-305, Ganariddi Apartments, Padmaupadyaya
layout, Nagadevanahalli, Gnanabharathi (Post),
Bengaluru-560056 Retired Principal Scientist,
Indian Institute of Millet
Research, Hyderabad-500030
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
69. Dr. Mahavir Singh Yadav
S/o Late Shri. Harkesh Singh
About 79 years.
R/o Res. No. 32, Subhas Nagar, Pal Road, Jodhpur,
Rajasthan-342008
Retired Principal Scientist,
Central Arid-Zone Research Institute, Jodhpur -342
003
25
O.A. No. 1042/2022
Item No. 27(C-5)
Indian Council of Agricultural Research, Govt. of
India
Group-'A'
Subject-Pension-fixation
70. Dr. Sanniasi Veerasamy
S/oMuthaian Sanniasi, About 78 years.
R/o 1/6, Sterling Avenue Main Road. Sakthi Nagar,
Porur, Chennai 600116
Retired Professor (in the grade of Principal
Scientist), Indian Agricultural Research Institute,
New Delhi-110012 Indian Council of Agricultural
Research, Govt. of India Group-'A'
Subject-Pension-fixation
....Applicant
(By Advocate : Mr. Ranjit Sharma)
VERSUS
1. Union of India
Through the Secretary, of Human Resources
Development Shastri Bhawan, New Delhi-110001
2. Department of Expenditure Government of India
Through the Secretary Finance North Block, New
Delhi-110001
3. The Indian Council of Agricultural Research
Through the Secretary, ICAR, Krishi Bhawan, Dr.
Rajendra Prasad Road, Opposite Rail Bhawan New
Delhi-110001
.... Respondents
26
O.A. No. 1042/2022
Item No. 27(C-5)
(By Advocate : Mr. Gyanendra Singh)
27
O.A. No. 1042/2022
Item No. 27(C-5)
ORDER
Hon'ble Mr. Manish Garg, Member (J)
1. The applicants retired in the Grade of Principal Scientists prior to the year 2006, from the Indian Council of Agricultural Research (ICAR). The respondents post their retirement fixed the pension of all the applicants in the revised pay-band of Rs.37,400-67,000+10,000 ignoring their basic pay as on the date of their retirement and the applicants in the instant case were given a pension similar to persons who have retired before 01.01.1996. This has had a cascading effect on the applicants and they have suffered financial loses.
2. The applicants have submitted representations in this regard by the respondents have not yet responded to the same. After exhausting all recourse available to them, the applicants have preferred this OA, seeking the following relief:-
"a. declare that applicants are entitled to get their pension fixed on 1-1-2006 taking into account the basic Pay applicable to them corresponding to the pre-revised basic pay the applicants retired from the grade of Principal scientist under ICAR;
b. direct the respondents further to calculate the pension of the applicants w.e.f 1-1-2006 and release the arrears 28 O.A. No. 1042/2022 Item No. 27(C-5) there of after taking into account the entry Pay of Rs.53000/- against Grade Pay 10,000 as per section-II of the Pay- fixation Rules, 2008 as the minimum pay; C award interest in favour of the applicants and against the respondents on the arrears of pension with specified time limit for compliance in view the octogenarian status of all applicants."
2.1 Learned counsel for the applicant states that since, the Principal Scientist Grade is filled by direct recruitment, the bare minimum of entry pay against GP 10,000/- being not less than Rs.53,000 in the revised pay structure of MHRD/UGC order dated 31.12.2008, the applicants' minimum pension ought to have been fixed at half of Rs.53,000 as the starting amount and by taking this amount to the stage of their basic pay at superannuation in the pre- revised structure of pay for their pension fixation. Hence, bracketing all the pensioners with one uniform pensionable sum of Rs.25445/- is absolutely contrary to the recommendation of the VIth Pay Commission and this has had a cascading effect on the applicants. 2.2 He further draws attention to the fitment table No. 5 notified by the UGC/MHRD vide F.3-1/2009-U.I dated 29 O.A. No. 1042/2022 Item No. 27(C-5) 04.06.2009, placed at Annexure (A-6) of the OA, which again states that Pre-revised scale of Rs. 16400-45-20900-500-22400 was revised to Pay Band + AGP of Rs.37400+67000+AGP 10000 , hence ,the applicants are getting much less pension than they should be getting. He further submits that if the minimum of the revised pay scale is taken as 43000+10000 in the pay scale 37,400-67,000 then after adding the number of increments earned by each of the applicants, the pension of the applicant receiving the lowest sum would be Rs.26,060 which itself is higher than the current pension they are receiving and states that the entire concordant table enunciating the revised pension of all the applicants is available on Page 16 of the rejoinder affidavit.
2.3 He further draws attention to the fact that so far as the entitlement of the applicants is concerned, the issue is no more res integra. He would draw attention to the order passed in OA No. 3217/2014 dated 04.04.2016 and Judgment of the Hon'ble High Court in W.P.(C) No. 8922/2017 and 2634/2017 wherein they have held that the entry pay prescribed under the Pay-fixation rules, 2008 against Grade Pay should be applied to all employees across the board. The Hon'ble Supreme Court in 30 O.A. No. 1042/2022 Item No. 27(C-5) S.LP (c) Diary No. 23663/2017 affirmed the order of the Hon'ble High Court. The operative portion of the order of this Tribunal is reproduced herein below:-
"7. It is true that the CCS (Revised Pay) Rules, 2008, specifically Rule 8 provides for granting entry level pay indicated in Section II of Part A of First Schedule to direct recruits to a particular post carrying a specific grade pay on or after 01.01.2006. This will not, therefore, apply to the applicants as they were in service before 01.01.2006 or were promoted on or after 01.01.2006 and Rule 7 and Rule 13 of the CCS (Revised Pay) Rules, 2008 will apply.
8. Rule 7 is basically multiplying the pre-revised basic pay with 1.86 etc. and Rule 13 provides for granting one increment equal to 3% of the sum of pay in the pay band and the existing grade pay round off to the next multiple of 10.
9. The clarification by the Department of Expenditure dated 27.02.2009 as well as order dated 13.03.2009 provide for stepping up of pay of seniors vis-a-vis directly recruited juniors who are recruited on or after 01.01.2006 but subject to certain conditions, already quoted above.
10. In O.A. No.657/2012 and 931/2012, some TGTs had raised the issue that their basic pay should be stepped up 31 O.A. No. 1042/2022 Item No. 27(C-5) to the minimum level of new scale and then multiplied by the factor of 1.86. To this grade pay applicable in the pay band should have been added to arrive at the revised basic pay. On the other hand, the respondents contended that the basic pay in pre-revised scale is to be multiplied by the factor of 1.86 and if the figure arrived is less than minimum of the revised pay scale, then only the basic pay is to be increased to the level of minimum of the revised pay band. So the issue in this O.A. was different. In any case, the O.A. was disposed of holding that the pay of the applicant had been rightly fixed as per the formula provided in Rule 7 (1)(A)(i) and (ii). However, it further held that the cases needed to be considered under FR-27. Rule 7(1)(A)(i) and (ii) basically stipulates the 1.86 multiple formula and new basic pay not to be less than minimum of replacement scale.
11. As regards O.A. No.2835/2011 with O.A. Nos. 2842/2011 and 2843/2011 are concerned, these were filed by PSTs, TGTs and PGTs. The substantive question before the Tribunal was whether the direct recruits who have been appointed prior to 01.01.2006 can be placed at a lower pay scale than those direct recruits who were appointed after 01.01.2006. The Tribunal concluded that the respondents should ensure that the pay of no incumbent of the post of PST, TGT and PGT appointed prior to 01.01.2006 is fixed lower than the pay which could be drawn by the fresh appointee of the post as on 32 O.A. No. 1042/2022 Item No. 27(C-5) 01.01.2006. The crucial clarification based on which the respondents have rejected the claim of the applicants seems to be the clarification dated 05.05.2010 which has simply quoted the DOPT clarification dated 27.02.2009, which is the same as the clarification issued by the MHRD dated 13.03.2009. As per this clarification, stepping up of basic pay of seniors can be claimed in case of those cadres which have an element of direct recruitment and in cases where the directly recruited juniors are drawing more basic pay than the seniors. However, as stipulated in Part C sub- para (C) of circular dated 13.03.2009, stepping up of pay shall not be applicable in cases where direct recruits have been granted advance increment. The respondents do not deny that there is an element of the direct recruitment in the Teacher cadres, i.e. PST, TGT and PGT. Therefore, this circular squarely applies which is also acknowledged by the respondents in their speaking order 02.08.2014. It is also not denied that juniors are drawing basic pay more than the seniors. Therefore, by a plain reading of these instructions, it is clear that pay of the applicants would need to be stepped up to the level drawn by the direct recruit juniors, who are appointed on or after 01.01.2006. The respondents argument, though not very clearly spelt out either in their reply or in the order dated 02.08.2014, seems to be that the direct recruits appointed on or after 01.01.2006 are granted advance increments at the time of recruitment and hence benefit of stepping up of pay is not 33 O.A. No. 1042/2022 Item No. 27(C-5) available in such cases according to clause (c) quoted above. This leads to an absurd situation that a senior, on pay fixation under FR-22C draws lower pay than his junior. It is precisely for this reason that in O.A. Nos. 2835/2011 with O.A. Nos. 2842/2011 and 2843/2011, this Tribunal has held that pay of incumbents appointed/promoted prior to 01.01.2006 should not be lower than the pay which would be drawn by a fresh appointee on or after 01.01.2006.
12. In view of the above, the O.A. clearly succeeds and the order dated 02.08.2014 is set aside, with a direction to the respondents to refix the pay of the applicants as per 6th CPC recommendations. They should ensure that none of the applicants' pay is fixed at a stage lower than the pay which could be drawn by a direct recruit appointee on or after 01.01.2006. Time frame of two months is fixed for implementation of this order. There shall be no order to pay the interest as costs."
2.4 He states that the Tribunal had directed the respondents to refix the pay of the applicants as per the 6th CPC recommendations in the aforementioned case of TGT Teachers. He further prays for payment of the interest incase the OA is allowed.
34O.A. No. 1042/2022 Item No. 27(C-5)
3. Per contra, learned counsel for the respondents would argue that ICAR has different categories of employees viz. Scientific, Technical, Administrative and Supporting. 3.1 For the scientific category of employees, two services viz. Agricultural Research Service (ARS) and Research Management Position (RMP) for conducting research and management of research exist. He states that the UGC Pay Package was adopted for the scientific category of employees of ICAR w.e.f. 01.01.1986 and the pay revision of ICAR scientists is done after the pay revision of teachers is done by UGC after notification of the Central Pay Commission (CPC). He states that MoE/UGC revised the pay of teachers vide letter after notification dated 31.12.2008 placed at Annexure(R-1) 6th CPC. Point no. 2(a) of (xiv) of that letter reads as under:-
"the pay of a directly recruited Professor shall be fixed at a stage not below Rs. 43,000/- in Pay Band of Rs. 37,400.-67,000 with the applicable AGP of Rs. 10,000."
3.2 He states that consequently, ICAR vide circular dated 06.03.2009 (Annexure- R-2) prescribed that pay of Pr. Scientists directly recruited on or after 01.01.2009 to be fixed at a minimum of Rs. 43,000/- + AGP of Rs. 10,000 in Pay 35 O.A. No. 1042/2022 Item No. 27(C-5) Band of Rs. 37,400 - 67,000. Further, ICAR vide dated 13.03.2009 (Annexure-R-3) clarified that a minimum of Rs. 43,000/- + RGP of Rs. 10,000 would be admissible to those Pr. Scientists who would be directly recruited on or after 01.01.2009 as per the revised qualifications to be notified by ICAR separately.
3.3 He would further argue that the ICAR revised the model qualifications for the circular position of Pr. Scientist vide letter dated 26.04.2012. Accordingly, the entry pay of Rs.43000 + RGP of Rs. 10000/- was given to Pr. Scientists directly recruited as per the revised qualification. 3.4 He further states that after adoption of 6th CPC, the pension of pre 2006 pensioners of scientific category was revised w.e.f. 29.09.2012, vide ICAR letter No. 1-4/2009- Per.IV dated 30.01.2014 (Annexure-R-5) in terms of DoP&PW OM No. 38/37/08-P&PW(A) dated 28.01.2013 (Annexure-R-6) in consultation with UGC/MoE. Further, the cut-off date for revision of pension was modified from 24.09.2012 to 01.01.2006 vide ICAR letter No. 1-4-2009-Per.IV dated 26.11.2015 (Annexure-R-7) based on DoP&PW OM No. 36 O.A. No. 1042/2022 Item No. 27(C-5) 38/37/08-P&PW(A) dated 30.07.2015 placed at Annexure (A-
8). MoE thenrevised the pay of teachers under UGC framework vide letter dated 02.11.2017 (Annexure-R-9). The pay matrix given in the said letter shows entry pay of Rs. 53000 (Rs. 43000 + AGP of Rs. 10000) for Professors in the 6th CPC. However, pay revision after 6 th CPC provided that the minimum entry pay of only directly recruited Professor (to be appointed) shall be fixed at a stage not below Rs. 43,000/- in the Pay Band of Rs. 37,400-67,000 + AGP of Rs. 10,000. For those who were directly recruited as Professor before 01.01.2016 and those who were promoted to the post of Professor (even afte 01.01.2006), the minimum entry pay was Rs 40890 + AGP of Rs 10000 as stated above. This clearly indicates that there were two entry pays for Professors under the UGC Pay Package during 6th CPC regime (01.01.2006 to 31.12.2015), which are as under-
a. Minimum pay of Rs. 40,890 in the Pay Band 4 (Rs. 37,400 Rs67,000) plus RGP of Rs. 10,000 for Professors directly recruited before 01.01.2006 as well as for those who were promoted to the post of Professor under the Career Advancement Scheme (CAS).
37O.A. No. 1042/2022 Item No. 27(C-5) b. Minimum pay of Rs. 43,000 in the Pay Band 4 (Rs. 37,400 Rs67,000) plus AGP of Rs 10,000 for Professors directly recruited after adoption of 6th CPC, i.e., w.e.f. 01.01.2006.
3.5 He would further argue that after adoption of 7th CPC, a table was issued by the MoE dated 09.06.2020, placed at Annexure (R-10) for the revision of pay scales, which was endorsed by ICAR on 28.06.2022 . As per Table 5 of the aforesaid OM, the minimum basic pay in the 6th CPC regime (01.01.2006 to 31.12.2015) was shown as Rs. 50,890/- (Rs 40890 + AGP of Rs 10000) and not Rs. 53,000/- for Professor (the position equivalent to University Professors in ICAR ICAR System in Principal Scientists). He states that during this time in the OA filed by TGTs working under GNCTD i.e. the Somvir Rana case (supra), this Tribunal directed that none of the applicant's pay should be fixed at a stage lower than the pay which could be drawn by a direct recruit appointed on or after 01.01.2006, which was subsequently upheld by the Hon'ble High Court of Delhi and the Hon'ble Supreme Court of India. Consequently, the Govt. of India issued OM dated 28.09.2018 regarding pay parity for Central Government employees. The 38 O.A. No. 1042/2022 Item No. 27(C-5) said OM, in nutshell, provides that there should not be two entry pays for a particular post. The person appointed either by direct recruitment or by promotion should have the same entry pay for a particular post. The effective date of the OM is 01.01.2006. In view of the GoI OM dated 28.09.2018 (Annexure R-12) regarding pay parity and letter dated 09.06.2020 of MoE regarding concordance table for fixation of pension in respect of pre 2016 pensioners, ICAR has sought clarification from UGC vide letter dated 18.04.2022 and reminder dated 19.07.2022, with regards to grant of minimum pay of Rs. 43,000 + AGP 10,000 (Rs. 53,000/-) w.e.f. 01.01.2006 for serving as well as retired Professors in terms of MoF (DOE) OM dated 28.09.2018. The response of UGC in the matter is awaited. Further, the issue has also been referred to Deptt. of Higher Education, Ministry of Education, separately for clarifications on the same issue vide ID note dated 01.11.2022 this response of MoF is awaited. He further draws attention to OM dated 14.07.2022 (Annexure R-13) vide which ICAR themselves have informed all the Institutes that the matter of grant of minimum pay of Rs. 43,000 + RGP 10,000 (Rs. 53,000/-) w.e.f. 01.01.2006 for serving as well as 39 O.A. No. 1042/2022 Item No. 27(C-5) retired Pr. Scientists as per the provisions of MoE (DOE) OM dated 28.09.2018 has been taken up with UGC and till a clarification in this regard is received from UGC, the pay/pension of ICAR scientists may not be fixed in accordance with the provisions of MoE(DOE) OM dated 28.09.2018. Learned counsel for the respondents would conclude his arguments stating that the until and unless the said clarification is received from the MoE(DOE) in this regard, the pension of the applicants cannot be re-fixed.
4. Learned counsel for the applicants, in rejoinder to the arguments put forth by the learned counsel for the respondents would contend that the circular dated 28.9.2018 referred to by the learned counsel for the respondents does not permit them to have two different pay scales vis-à-vis the promotees and the direct recruits as same is contrary to the OM dated 28.09.2020, the operative portion of which reads as under:-
"8. Accordingly, the President is pleased to decide that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of 40 O.A. No. 1042/2022 Item No. 27(C-5) direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 1.1.2006 and whose pay, as fixed in the revised pay structure under Rule 7 thereof as on 1.1.2006 turns out to be lower than the prescribed entry pay for direct recruits of that post, shall not be less than such entry pay w.e.f. 1.1.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006."
5. ANALYSIS:-
5.1 It is not disputed by the respondents that after adoption of 7th CPC, a table was issued by the MoE dated 09.06.2020, placed at Annexure (R-10) for the revision of pay scales, which was endorsed by ICAR on 28.06.2022 . As per Table 5 of the aforesaid OM, the minimum basic pay in the 6th CPC regime 41 O.A. No. 1042/2022 Item No. 27(C-5) (01.01.2006 to 31.12.2015) was shown as Rs. 50,890/- (Rs 40890 + AGP of Rs 10000) and not Rs. 53,000/- for Professor (the position equivalent to University Professors in ICAR ICAR System in Principal Scientists). He states that during this time in the OA filed by TGTs working under GNCTD i.e. the Somvir Rana case (supra), this Tribunal directed that none of the applicant's pay should be fixed at a stage lower than the pay which could be drawn by a direct recruit appointed on or after 01.01.2006, which was subsequently upheld by the Hon'ble High Court of Delhi and the Hon'ble Supreme Court of India.
Consequently, the Govt. of India issued OM dated 28.09.2018 regarding pay parity for Central Government employees. The said OM, in nutshell, provides that there should not be two entry pays for a particular post. The person appointed either by direct recruitment or by promotion should have the same entry pay for a particular post. The effective date of the OM is 01.01.2006. In view of the GoI OM dated 28.09.2018 (Annexure R-12) regarding pay parity and letter dated 09.06.2020 of MoE regarding concordance table for fixation of pension in respect of pre 2016 pensioners, ICAR has sought clarification from UGC vide letter dated 18.04.2022 and 42 O.A. No. 1042/2022 Item No. 27(C-5) reminder dated 19.07.2022, with regards to grant of minimum pay of Rs. 43,000 + AGP 10,000 (Rs. 53,000/-) w.e.f. 01.01.2006 for serving as well as retired Professors in terms of MoF (DOE) OM dated 28.09.2018. The response of UGC in the matter is awaited. Further, the issue has also been referred to Deptt. of Higher Education, Ministry of Education, separately for clarifications on the same issue vide ID note dated 01.11.2022 this response of MoF is awaited. He further draws attention to OM dated 14.07.2022 (Annexure R-13) vide which ICAR themselves have informed all the Institutes that the matter of grant of minimum pay of Rs. 43,000 + RGP 10,000 (Rs. 53,000/-) w.e.f. 01.01.2006 for serving as well as retired Pr. Scientists as per the provisions of MoE (DOE) OM dated 28.09.2018 has been taken up with UGC and till a clarification in this regard is received from UGC, the pay/pension of ICAR scientists may not be fixed in accordance with the provisions of MoE(DOE) OM dated 28.09.2018. Learned counsel for the respondents would conclude his arguments stating that the until and unless the said clarification is received from the MoE(DOE) in this regard, the pension of the applicants cannot be re-fixed.
43O.A. No. 1042/2022 Item No. 27(C-5) 5.2 Even though the Para 8 of the OM dated 28.09.2020 , it appears that the delay on the part of the respondents is for want of sanction of expenditure and nothing more. Once the UOI has already taken a stand in OM dated 28.9.2020 i.e. " Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006" nothing more is required to be done but to implement the same. 5.3 As held by the Court in the above-mentioned cases, there cannot be two pay-scales for the same post. Similarly, there cannot be two entry pays for the fixation of pension for employees who retired before 1-1-2006 and those retiring after it. Pension of the applicants, accordingly deserves to be re- fixed and arrears paid to them along with interests. 5.4 Because the respondents have fixed the pension of the applicants uniformly in the amount of Rs.25,445 by taking into 44 O.A. No. 1042/2022 Item No. 27(C-5) account their initial basic pay and the corresponding basic pay under the VIth CPC with GP Rs.10,000/-. This is contrary to the mandate of the recommendation of the Vith Pay Commission. The Commission in its recommendation did not talk of fixation of pension in the minimum of the concerned revised pay-scale. It only recommended that pension so fixed should not be less than half of the minimum of the revised pay- scale in the concerned grade. The uniform fixation of pension at Rs.25445 of the applicant's w.e.f. 1-1-2006 is contrary to the recommendation of the Commission; it is arbitrary and illegal. 5.5 We find that an artificial distinction is sought to be implemented who retired before 1.1.2006 and those retiring after 1.1.2006. What the respondent are trying to do is interlinking the fixation of pay of applicant(s) to the concurrence from UGC, which cannot be the case herein. The Department of Expenditure has already issued clarification from time to time. We also find force in the contention of the learned senior counsel for applicants that it is important to submit here that the UGC pay band of applicants and elevated basic entry pay of those directly recruited on or after 01-01- 2006 in Professor/Principal Scientist grade are adopted directly 45 O.A. No. 1042/2022 Item No. 27(C-5) from the pay bands recommended by the VI-CPC and approved by the Government of India. Further, the UGC follows the Pension Rules, 1972 and its 2022 amended version in toto for pensioners. In addition, the ICAR does not follow the UGC pay scales in toto for its scientists (ANNEXURE A-14). The ICAR had been ignoring the above said court orders as well as the O.M No.8-23/2017-E III.A dt.28-9-2018 while following two different pay scales for scientists for the same post performing identical duties and who constitute same class of employees, as admitted in Para 9 of its counter. In a number of cases, the Hon'ble Delhi High Court had held that there cannot be two different pay scales for the same posts, one for those who were appointed by direct selection/promoted prior to 1st January, 2006 and for those who got promoted after 1st January, 2006 vis-à-vis those who are directly recruited on or after 1st January, 2006.
6. CONCLUSION 6.1 In view of the above, we dispose of the above OA with directions to the respondents to re-fix the pension as on 1-1-2006 taking into account the basic pay applicable to them 46 O.A. No. 1042/2022 Item No. 27(C-5) corresponding to the pre-revised basic pay the applicants retired from the grade of Principal scientist under ICAR and to calculate the pension of the applicants w.e.f 01.01.2006 and 6.2 release the arrears there of after taking into account the entry Pay of Rs.53000/- against Grade Pay 10,000 as per section-II of the Pay- fixation Rules, 2008 as the minimum pay in light of para 8 of OM dated 28.9.2020 within period of four months from date of receipt of the certified copy of the order , falling which the applicant shall also be entitled to interest @ 6% for date of expiry of above stipulated period of four months till the actual date of payment.
6.3 All pending applications if any disposed of. Costs made easy.
(Chhabilendra Roul) (Manish Garg)
Member (A) Member (J)
/SS/