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Central Administrative Tribunal - Delhi

Chandra Shekhar vs Agriculture And Farmers Welfare on 14 September, 2023

                                     1
Item No. 23                                               O.A. No.962/2023
Court No. V

                    Central Administrative Tribunal
                      Principal Bench, New Delhi

                           O.A. No. 962/2023

                 This the 14th day of September, 2023

                 Hon'ble Mr. Manish Garg, Member (J)


        1. Chandra Shekhar,
           S/o Purna Nand,
           Age-65 yrs, Group - A,
           Designation-Ex-Administrative Officer-
           NRC on Meat (National Research on Meat),
           Hyderabad & Ex-Secretary (Staff Side)-Central Joint
           Staff Council (National JCM of ICAR),
           Indian Council of Agricultural Research
           Address-31 Utkarsh Part-1,
           Mahanagar Bareilly U.P.-243006

        2. Hari Singh Asgola
           S/o Late Bishan Singh Asgola,
           Age-65 yrs., Group - B,
           Designation - Technical Officer - ICAR IVRI
           Izzatnagar, Bareilly (Retd.)
           Address - 88 Kurvanchal Nagar,
           Philibhit Road, Bareilly 243001,
           Uttar Pradesh

        3. Surendra Singh Bisht
           S/o Balam Singh Bisht,
           Age-61 yrs., Group -B
           Designation - Retd. Technical Officer,
           Indian Veterinary Research Institute (IVRI)
           Address-A-14 Babu Lane IVRI
           Campus Near IVRI Dairy,
           Izzatnagar, Bareilly,
           Uttar Pradesh-243122

        4. Bidhan Chandra
           S/o Ambi Ram
           Age-61 yrs, Group-B
           Designation-Technical Officer, IVRI, (Retd.)
           IVRI Mukteshwar Nanital
           Address - Mukteshwar (Kumaon),
           Uttarakhand -263138
                                     2
Item No. 23                                          O.A. No.962/2023
Court No. V

        5. Riyasat Ullah Khan
           S/o S.U. Khan,
           Age-61 yrs, Group-B,
           Designation-Retd. Technical Officer, ICAR-IVRI,
           Izzatnagar, Bareilly
           Address-80 Veer Savarkar Nagar,
           Deelapeer Bareilly-243122, Uttar Pradesh

        6. Rajendra Kumar Pandey
           S/o Late Padma Datt Pandey
           Age-63 yrs, Group - C,
           Designation - Technician (Retd.) - ICAR-IVRI
           Address-274/3/3 Subhas Nagar, Sonia Poltry Farm
           Bareilly- 243001, Uttar Pradesh

        7. Kaushal Kishore Mishra
           S/o Ram Nivas Mishra
           Age-63 yrs, Group -C,
           Designation - Retd. Lab Technician-ICAR-IVRI,
           Izzatnagar, Bareilly
           Address-263 Chaudhary Mohalla
           Mantora Mandir gali
           Bareilly-243003, Uttar Pradesh

        8. Kishan Singh Bisht
           S/o Late Gopal Singh Bisht
           Age-63 years, Group -C,
           Designation - Retd. Lab Technician-ICAR-IVRI
           Address - Road No. 1 Basant Vihar Colony
           Izzat Nagar, Bareilly- 243122, Uttar Pradesh

        9. Ram Swaroop
           S/o Late Lekhraj,
           Age-63 yrs, Group-C,
           Designation-Retd. Senior Technician, ICAR-IVRI,
           Address-160 Ramnagar Partapur Choudhari
           Near Shuklaji wali Gali, Izzatnagar,
           Bareilly-243122, Uttar Pradesh

      10. Mohan Singh Bisht
          S/o Late Dan Singh Bisht,
          Age-64 yrs, Group --C,
          Designation-Retd. Sub Clerk, ICAR-IVRI
          Address-22/156-157, Rajeev Enclave,
          Tulasherpur 100 Futaroad Oshi Banquet Hall,
          Izzatnagar, Bareilly - 243122,
          Uttar Pradesh
                                                 ...Applicants
         (By Advocate: Ms. Shraddha Saxena)
                                          3
Item No. 23                                              O.A. No.962/2023
Court No. V



                                Versus

    1. Union of India
       Through Secretary - Department of Agricultural Research
       and Education (DARE)
       & Director General-The Principal Executive Officer of the
       Council,
       Indian Council of Agricultural Research (ICAR),
       Krishi Bhavan, New Delhi-110014
       Phone No-011-23382629,
       Email-id - [email protected]

    2. The Secretary ICAR & Additional Secretary DARE,
       Indian Council of Agricultural Research
       Krishi Bhavan, New Delhi-110014
       Phone no. : 011-23384450,
       Email id- [email protected]

    3. Thorough The Director,
       ICAR - Indian Veterinary Research Institute,
       İzzatnagar, Bareilly, UP-243122
       Phone no. 0581-2300096,
       Email [email protected] , [email protected]

    4. Through The Director,
       ICAR-NRC on Meat (National Research on Meat)
       P.B. No. 19, Boduppal Post Office,
       Village: Chengicherla, Hyderabad,
       Telengana-500092
       Phone No 040-29801672,
       Email id- [email protected]

                                                       ...Respondents
              (By Advocate:     Mr. Sanjeev Yadav
                                Mr. Dhruv Sheoram
                                Mr. Archit Upadhyay)


                              ORDER (ORAL)

The present OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

4

Item No. 23 O.A. No.962/2023

Court No. V "(i) The grant of annual increment falling due on the day falling superannuation on completion of one full year of service for the purpose of allowing pensionary benefits to the abovesaid Retired applicants of ICAR-NRC on Meat, Hyderabad and IVRI Bareilly.
(b) to grant eligible relief to the applicants keeping in view the orders cited supra, with consequential benefits,
(c) pass any other order or grant any other relief as the Court may deem fit."

2. Learned counsel for the applicants states that the matter may be disposed of at the admission stage itself as the present case is squarely covered by the decision rendered by the Hon'ble Apex Court in Civil Appeal No. 2471 of 2023 decided on 11.04.2023 titled as Director (Admn. And HR) KPTCL and Others Vs. C.P. Mundinamani and Others, reported in (2023) SCC Online SC 401 in a time bound manner.

3. Learned counsels appearing on behalf of the respondents do not dispute the facts and decision rendered in the aforesaid case by the Hon'ble Apex Court.

4. In view of the above, the present O.A. is disposed of with a direction(s) to the competent authority amongst the respondents to consider the case of the applicant(s) for grant of increment in light of the decision passed by the Hon'ble Apex Court in the matter of KPTCL (supra), thereby passing appropriate orders for re-fixing of pay / pension and grant of arrears thereto in accordance with law. The said exercise be completed, within a period of three months from the date of 5 Item No. 23 O.A. No.962/2023 Court No. V receipt of a certified copy of this Order and a copy of the speaking order so passed be given to the applicant(s). It is made clear that we have not entered into the merits of the case.

5. With the above directions, the present Original Application is disposed of. Associated M.As, if any, also stands dispose of.

6. No order as to costs.

(Manish Garg) Member (J) /SG/